This memorandum opinion was not selected for publication in the New Mexico Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. 1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 2 A.C. CATTLE CO., a 3 New Mexico corporation, 4 Plaintiff/Counterdefendant-Appellant, 5 vs. NO. 31,610 6 PORTALES NATIONAL BANK, 7 a division of the James Polk Stone 8 National Bank, and BARRY STONE, 9 an individual, 10 Defendants/Counterplaintiffs-Appellees, 11 and 12 PORTALES NATIONAL BANK and 13 BARRY STONE, 14 Third-Party Plaintiffs, 15 vs. 16 ALVA CARTER, JR., as personal 17 representative of the Estate of Alva 18 Carter, Sr., deceased, ALAN CARTER, 19 an individual, ALVA CARTER, JR., an 20 individual, CARTER’S MILK FACTORY, 21 INC., a New Mexico corporation, SLOPING 22 HILLS DAIRY, LLC, a New Mexico limited 1 liability company, P.V.N.G.M., LLC, a New 2 Mexico limited liability company, A.C. 3 MOTORS, LLC, a New Mexico limited liability 4 company, and P.V.N.F., LLC, d/b/a Big Valley 5 Auto, a New Mexico limited liability company. 6 Third-Party Defendants. 7 Martin E. Threet & Associates 8 Martin E. Threet 9 Albuquerque, NM 10 for Appellee 11 Doerr and Kndson, P.A. 12 Stephen E. Doerr 13 Portales, NM 14 for Appellants 15 APPEAL FROM THE DISTRICT COURT OF ROOSEVELT COUNTY 16 Drew D. Tatum, District Judge 17 MEMORANDUM OPINION 18 GARCIA, Judge. 19 Summary affirmance was proposed for the reason stated in the notice of 20 proposed disposition. No memorandum opposing summary affirmance has been filed, 21 and the time for doing so has expired. 22 Affirmed. 2 1 IT IS SO ORDERED. 2 3 TIMOTHY L. GARCIA, Judge 4 WE CONCUR: 5 6 CELIA FOY CASTILLO, Chief Judge 7 8 JAMES J. WECHSLER, Judge 3