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

• (N/A)

Procedural History

• District Court of Colfax County, February 21, 2017: Granted injunctive relief pursuant to its partial final judgment and decree.

Parties' Submissions

• Appellant: Opposed the Court of Appeals' notice of proposed disposition, arguing for the continuation of the appeal despite the absence of a final order (para 1).
• Appellees: [Not applicable or not found]

Legal Issues

• Whether the appeal should be dismissed for lack of a final, appealable order.

Disposition

• The appeal was dismissed due to the absence of a final order.

Reasons

• Jonathan B. Sutin, Judge (M. Monica Zamora, Judge, and Emil J. Kiehne, Judge concurring): The Court of Appeals decided to dismiss the appeal because the general rule in New Mexico requires that an order or judgment must resolve all issues of law and fact to be considered final and appealable. The Court noted that despite the Appellant's request for a final order, no such order had been entered, and issues such as the entry of damages and a motion for default judgment on damages were still pending. The Appellant's memorandum in opposition did not provide evidence of a final order being entered, leading to the dismissal of the appeal for lack of a final order (paras 1-3).