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1
IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
2 PEOPLES BANK,
3

Plaintiff/Counterdefendant-Appellee,
4

v. NO. 31,270
5 TAOS INVESTMENT GROUP, LLC,
6 LOTA REALTY, INC., DAVID H. BUCK and
7 JUDITH D. BUCK,

8 Defendants/Counterplaintiffs-Appellants,
9 v. 10 SCOTT MCADAMS, 11
Third-Party Defendant-Appellee, 12 and 13 PEOPLES BANK, 14
Plaintiff/Counterdefendant-Appellee,
15 v.
16 ANGEL FIRE DEVELOPMENTS, LLC, 17 a New Mexico Limited Liability Company, 18 DAVID H. BUCK and JUDITH D. BUCK, and 19 PARKER EXCAVATING, INC.,
20 Defendants/Counterclaimants-Appellants,
1 v.
2 SCOTT MCADAMS,
3

Third-Party Defendant-Appellee.
4 APPEAL FROM THE DISTRICT COURT OF TAOS COUNTY
5 John M. Paternoster, District Judge
6 Law Office of George Dave Giddens, P.C.

7 George Dave Giddens
8 Albuquerque, NM

9 for Appellees 10 Chris Key 11 Albuquerque, NM
12 for Appellants
13
MEMORANDUM OPINION 14 VANZI, Judge. 15
Defendants appeal from the partial summary judgment order filed by the district 16
court. We proposed to dismiss the appeal in a calendar notice, and we have received 17 a memorandum in opposition and a memorandum in support in response to our notice. 18 We have duly considered the arguments of the parties, but we find them unpersuasive. 19 We dismiss. 20
Plaintiff filed collection and foreclosure actions.  Defendants responded with 21
counterclaims and affirmative defenses.  Partial summary judgment was granted on
the majority of the counterclaims and third-party claims, basically leaving the
foreclosure actions and two counterclaims, along with the affirmative defenses, to be litigated. Defendants asked that the partial summary judgment order be certified as final under Rule 1-054 NMRA.  The district court held a hearing at which the court decided to dismiss the remaining counterclaims pursuant to Plaintiff

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