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 the Plaintiff and the Defendant over a quiet title complaint. The Plaintiff sought to resolve the title issue in their favor, but the district court ruled against them.
Procedural History
- District Court of Doña Ana County, Manuel I. Arrieta, District Judge: Resolved Plaintiff’s quiet title complaint in Defendant’s favor.
Parties' Submissions
- Plaintiff-Appellant: Agreed that the appeal should be dismissed for the reasons stated in the calendar notice (para 1).
- Defendant-Appellee: Argued that the district court order should be considered final because the motion for reconsideration has been automatically denied (para 1).
Legal Issues
- Whether the district court's judgment resolving the quiet title complaint in Defendant's favor was final and appealable, considering the Plaintiff's motion for reconsideration had not been ruled upon.
Disposition
- The appeal was dismissed.
Reasons
-
The Court, consisting of Judges Linda M. Vanzi, Michael D. Bustamante, and Jonathan B. Sutin, unanimously decided to dismiss the appeal. Initially, the Court proposed to dismiss the appeal due to the lack of a final order, as the district court had not ruled on the Plaintiff's motion for reconsideration. The Plaintiff did not oppose this proposal. Upon rehearing, the Plaintiff concurred with the dismissal for the reasons stated in the calendar notice. The Defendant's argument that the district court order should be considered final due to the automatic denial of the motion for reconsideration was rejected by the Court, citing Rosales v. N.M. Taxation & Revenue Dep’t, which clarified that the automatic denial provision no longer applies in any civil case (paras 1-3).
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.