AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The case involves a dispute between Roger Aguiar (Respondent-Appellant) and Kelly Aguiar-Daffron (Petitioner-Appellee) regarding the religious upbringing of their children. The parties attempted to resolve their dispute through the district court's clinic program as ordered but failed to reach an agreement. This led to further legal proceedings to address the unresolved issues.

Procedural History

• District Court, April 14, 2017: Denied Respondent’s motion to set aside the March 30, 2017 order, which had adopted the March 14, 2017 hearing officer’s report and findings and recommendations (para 1).

Parties' Submissions

• Respondent-Appellant: Argued against the April 14, 2017 order of the district court, seeking to have it set aside.
• Petitioner-Appellee: [Not applicable or not found]

Legal Issues

• Whether the April 14, 2017 order of the district court is final and appealable.

Disposition

• The Court of Appeals dismissed the appeal for lack of a final, appealable order.

Reasons

• Per Jonathan B. Sutin, with Linda M. Vanzi, Chief Judge, and Julie J. Vargas, Judge concurring, the court found that the appeal was premature because the April 14, 2017 order was not final. This conclusion was based on two grounds: first, the Respondent's motion to reconsider the April 14 order was still pending, which kept the order from being final; and second, the order itself anticipated further proceedings, specifically a hearing if the parties could not agree through the court clinic process. The court emphasized that a judgment or order is not considered final in New Mexico unless all issues of law and fact have been determined to the fullest extent possible, which had not yet occurred in this case (paras 2-4).