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1

IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

2 PETER WANCO, 3 4 v. 5 DAIRYLAND INSURANCE COMPANY, 6 Defendant-Appellee. Plaintiff-Appellant, NO. 29,009

7 APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY 8 James A. Hall, District Judge 9 Alexander Wold & Associate, PC 10 Alexander A. Wold, Jr. 11 Albuquerque, NM 12 for Appellant 13 14 15 16 Miller Stratvert PA Scott P. Hatcher Christopher Tebo Santa Fe, NM

17 for Appellee

18 19 CASTILLO, Judge. 20

MEMORANDUM OPINION

Plaintiff appeals an order denying his motion for summary judgment and

1 granting summary judgment in favor of Defendant. [DS 3, RP 111] Our notice 2 proposed to affirm based on the absence of a genuine question of material fact. 3 Plaintiff responded with a memorandum in opposition. 4 Plaintiff's arguments but are not persuaded. We affirm. 5 Summary judgment under Rule 1-056 NMRA is appropriate when the moving We have considered

6 party is entitled to judgment as a matter of law upon clear and undisputed facts. Rule 7 1-056. On appeal, we examine the whole record for any evidence that places a 8 genuine issue of material fact in dispute, and balance our determination in support of 9 the parties' right to a trial on the issues. Rummel v. Lexington Ins. Co.,

10 1997-NMSC-041,

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New Mexico Law