Court of Appeals of New Mexico

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WM SPECIALTY MORTGAGE, LLC,
Plaintiff/Counterdefendant-Appellee,
v.
GREG JOHNSON, a/k/a
GREGORY P. JOHNSON; and
OLGA JOHNSON,
Defendants/Counterclaimants-Appellants,
and
HOME LOAN SERVICES, INC.,
f/k/a NATIONAL CITY MORTGAGE CO.,
Defendants,
and
GREG JOHNSON and OLGA JOHNSON,
Third-Party Plaintiffs,
v.
ACCREDITED HOME LENDERS, INC.;
NATIONWIDE CREDIT, INC.;
BANK OF AMERICA HOME LOANS;
WM SPECIALTY MORTGAGE, LLC;
NATIONAL CITY MORTGAGE, INC.;
FINANCIAL MORTGAGE GROUP, LLC;
and MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.,
Third-Party Defendants.

No. 35,166

COURT OF APPEALS OF NEW MEXICO

January 26, 2017

APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY, Nan G. Nash, District Judge

COUNSEL

Montgomery & Andrews, P.A., Seth C. McMillan, Santa Fe, NM, Quilling, Selander, Lownds Winslett & Moser, P.C., Marcie L. Schout, Dallas, TX, for Appellee WM Specialty Mortgage, LLC

JRSPC, LLC, Joshua R. Simms, Albuquerque, NM, for Appellants and Third-Party Plaintiffs Greg and Olga Johnson

JUDGES

MICHAEL E. VIGIL, Judge. WE CONCUR: JAMES J. WECHSLER, Judge, J. MILES HANISEE, Judge

AUTHOR: MICHAEL E. VIGIL

MEMORANDUM OPINION

VIGIL, Judge.

{1}       Defendants-Appellants Greg Johnson and Olga Johnson (“Appellants”) seek to appeal from two district court orders: the first one granting summary judgment to Plaintiff-Appellee WM Specialty Mortgage, LLC (“WM”), and Third-Party Defendant Mortgage Electronic Registration Systems, Inc. (“MERS”), [4 RP 1068] and the second one denying Appellants’ motion to dismiss. [4 RP 1070] [DS unnumbered 1] Summary dismissal was proposed for lack of a final order, and we additionally proposed to calendar this case on the merits if a final order was submitted to this Court within the time for filing a memorandum in opposition. On August 29, 2016, WM filed an unopposed motion for extension of time to obtain a final order, and an extension was granted until September 29, 2016. A second request for extension of time was filed by WM, and an extension was granted until October 31, 2016. No further extension requests were made, and a final order has not been filed in this Court.

{2}       Because no final order has been submitted to this Court, and the time for doing so has expired, we dismiss the appeal.

{3}       IT IS SO ORDERED.

{4}       DISMISSED.

MICHAEL E. VIGIL, Judge

WE CONCUR:

JAMES J. WECHSLER, Judge

J. MILES HANISEE, Judge