Court of Appeals of New Mexico
Decision Information
Rule Set 12 - Rules of Appellate Procedure - cited by 9,435 documents
Decision Content
N DOWS V. J TAYLOR
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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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.
NOREEN N. DOWS and GREGORY V. DOWS, Plaintiffs-Appellants,
v.
JAMES and FAYE TAYLOR, Individually, and as Trustees of
the Taylor Living Trust, SERVIGAS IKARD NEWSOM, and DARNOLD PLUMBING, LLC,
Defendants-Appellees.
Docket No. 29,245
COURT OF APPEALS OF NEW MEXICO
May 5, 2009
APPEAL FROM THE DISTRICT COURT OF OTERO COUNTY, James
Waylon Counts, District Judge.
COUNSEL
Noreen N. Dows, Gregory F. Dows, Cloudcroft, NM, Pro Se Appellants.
Robert M. Doughty II, PC, Robert M. Doughty II, Alamogordo, NM, for Appellees James and Faye Taylor.
JUDGES
MICHAEL E. VIGIL, Judge. WE CONCUR: JAMES J. WECHSLER, Judge, LINDA M. VANZI, Judge
AUTHOR:
MEMORANDUM OPINION
VIGIL, Judge.
Plaintiffs Gregory and Noreen Dows appeal from orders of the district court entering judgment in favor of Defendants James and Faye Taylor following a jury trial. [RP 1956-62] Our notice proposed to affirm in part and dismiss in part for lack of jurisdiction. Both Plaintiffs and Defendants filed a response to the calendar notice accepting the proposed summary disposition. We affirm in part and dismiss in part.
Plaintiffs appeal from a district court order striking an order for partial summary judgment entered in their favor at a pre-trial conference. [RP 2103] Plaintiffs also appeal the district court’s handling of the pre-trial conference and the final order directing a verdict in favor of Defendants. [RP 2103] In our first calendar notice, we proposed to affirm the order of the district court striking its order granting partial summary judgment and dismiss the remainder of the appeal due to the untimely filing of the notice of appeal. Because both parties to this appeal agree with the proposed disposition, we rely on our analysis contained in the calendar notice to affirm in part and dismiss in part.
IT IS SO ORDERED.
MICHAEL E. VIGIL, Judge
WE CONCUR:
JAMES J. WECHSLER, Judge
LINDA M. VANZI, Judge