¶1 The appellees, Charles P. and Pricilla M. Donnelly, husband and wife, (Donnellys) contracted with Jim Walter Homes, Inc. (builder) for the construction of a shell house on their real property. Principal part of the contract price was paid by the Donnellys executing a non-negotiable note, secured by a real estate mortgage, to the builder. The builder assigned the note and mortgage to Mid-State H

¶1 The dispositive issue on certiorari is whether the trial court's summary judgment for plaintiff-garnishor is correct. We answer in the affirmative.

I
ANATOMY OF LITIGATION

¶2 On the night of 28 June 1996 Dustin Harkrider ("Harkrider") was crossing an intersection in his automobile when it was struck by a 1979 Ford pickup driven by Raymond Edward Posey ("Posey"). The pickup

Plaintiff and appellant Christopher Potter (Potter) was
injured by Jesus Remedios Avalos-Tovar (Tovar) in an auto
accident. Tovar was insured by defendant and respondent
Alliance United Insurance Company (AUIC), with a maximum
liability limit of $15,000. Potter offered to settle personal injury
claims against Tovar for his policy limit, but AUIC did not
respond to the offer

Over the years since at least 1959, the Legislature has attempted to achieve a
balance between the state's interest in allowing local agencies to produce, generate, store,
and transmit water or electrical energy and the cites' and counties' control over local
building and zoning. This appeal requires the court to consider whether a solar energy
2
project proposed by a local ag

¶0 1. BILLS AND NOTES -- Negotiability and Transfer -- "Holder in Due Course." The purchaser of a negotiable instrument, in order to be a holder in due course, must come within the requirements of section 4102, Rev. Laws 1910, defining such holder.
2. ATTORNEY AND CLIENT -- Authority of Attorney -- Notice. Where at the time the note was negotiated to the holder his attorney, acting for and

¶1 (Plaintiffs in error will be designated plaintiffs, and defendants in error, defendants.) The plaintiffs are minor children of A. P. Cash, suing through their legal guardian, A. F. Pyeatt, the purpose of which suit is to have canceled certain conveyances to the lands involved, which comprise the allotments of said minors and their deceased mother. Briefly stated, the grounds of recovery alleged

¶1 Plaintiffs/Appellants Gustavo Lopez and Valerie Lopez (Buyers) appeal the trial court's order granting summary judgment in favor of Defendants/Appellees Todd B. Rollins and Katherine Ann Rollins, Todd B. Rollins Living Trust, Katherine A. Rollins Living Trust (collectively, Sellers), Newport Appraisal Co., Inc., McGraw Davisson Stewart, LLC (McGraw Davisson), Laura Hawkins, Walter & Associates,

Here is what Code of Civil Procedure1 section 583.130 says: “It is the
policy of the state that a plaintiff shall proceed with reasonable diligence in the
prosecution of an action but that all parties shall cooperate in bringing the action to trial
or other disposition.” That is not complicated language. No jury instruction defining any
of its terms would be necessary if we were su