Court of Appeals of New Mexico

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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

JOHN R. POLK,

Plaintiff-Appellant,

v.                                                                                                           No. A-1-CA-37510

JPMORGAN CHASE BANK, N.A.,
d/b/a CHASE BANK a/k/a CHASE
BANK USA, N.A.,

Defendant-Appellee,

and

MARY BETH EVANS and BRIAN
EVANS,

Defendants.

APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY
C. Shannon Bacon, District Judge

Law Offices of John Polk
John R. Polk
Albuquerque, NM

for Appellant

Stroock & Stroock & Lavan LLP
Arjun P. Rao
Daniel J. Yost
New York, NY

Lewis Roca Rothgerber Christie LLP
Ross L. Crown
Bobbie J. Collins
Albuquerque, NM

for Appellee

MEMORANDUM OPINION

VARGAS, Judge.

{1}       Appellant John R. Polk appeals from the district court’s order granting Defendant-Appellee Chase Bank USA, N.A.’s motion to dismiss the amended complaint with prejudice.  [RP 190] However, this Court issued a notice of proposed disposition, proposing to summarily dismiss for lack of a final order, because it appeared that there remained claims pending in district court against other named Defendants. [CN 3] We therefore proposed to conclude that the order at issue was non-final, that the district court had not yet been divested of jurisdiction, and that Plaintiff’s appeal was premature. [CN 3] In response, Plaintiff has not filed a memorandum in opposition to our proposed disposition. Appellee filed a memorandum in support of our proposed summary disposition.

{2}       Accordingly, we rely on the reasoning contained in our notice of proposed disposition and we dismiss Plaintiff’s appeal for lack of a final order.

{3}       IT IS SO ORDERED.

JULIE J. VARGAS, Judge

WE CONCUR:

JACQUELINE R. MEDINA, Judge

MEGAN P. DUFFY, Judge