Court of Appeals of New Mexico
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TAYS V. TAYS
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PATRICK D. TAYS,
Plaintiff-Appellant,
v.
DAVID F. METLER III, Personal Representative
of the ESTATE OF S. CRAIG TAYS, Deceased,
Defendants-Appellees.
No. A-1-CA-35,973
COURT OF APPEALS OF NEW MEXICO
August 17, 2017
APPEAL FROM THE DISTRICT COURT OF OTERO COUNTY, Angie K.
Schneider, District Judge
COUNSEL
Patrick D. Tays, Ruidoso, NM, Pro se Appellant
Sutin, Thayer, & Browne, APC, Lynn E. Mostoller, Katharine C. Downey, Albuquerque, NM, for Appellee
JUDGES
TIMOTHY L. GARCIA, Judge. WE CONCUR: LINDA M. VANZI, Chief Judge, JONATHAN B. SUTIN, Judge
MEMORANDUM OPINION
GARCIA, Judge.
{1} Self-represented Plaintiff Patrick D. Tays appeals from the district court’s order, entered on September 8, 2016. This Court issued a notice of proposed disposition, proposing to dismiss the appeal for lack of a final order. Defendants S. Craig Tays and David F. Metler III, personal representative to S. Craig Tays, filed a memorandum in support of our proposed summary disposition. In addition to agreeing with this Court’s proposed disposition on the question of finality, Defendants ask this Court to dismiss the appeal based on principles of collateral estoppel and to limit further litigation by Plaintiff on the matters at issue in this case. Plaintiff has not filed a memorandum in opposition, and the time within which he was permitted to do so has expired. Because we do not have jurisdiction, we decline to rule on the additional issues Defendants raise.
{2} Accordingly and for the reasons stated in our notice of proposed disposition, we dismiss for lack of a final order.
{3} IT IS SO ORDERED.
TIMOTHY L. GARCIA, Judge
WE CONCUR:
LINDA M. VANZI, Chief Judge
JONATHAN B. SUTIN, Judge