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 Plaintiff filed a quiet title complaint against the Defendant. The case was brought before the district court, which resolved the complaint in favor of the Defendant.

Procedural History

• Appeal from the District Court of Doña Ana County, Manuel I. Arrieta, District Judge: The district court resolved the Plaintiff's quiet title complaint in favor of the Defendant.

Parties' Submissions

• Plaintiff-Appellant: [Not applicable or not found]
• Defendant-Appellee: Filed a memorandum in support of the proposal to dismiss the appeal for lack of a final order (para 1).

Legal Issues

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

Disposition

• The appeal was dismissed for lack of a final order (para 2).

Reasons

• Per Linda M. Vanzi, J. (Michael D. Bustamante, J., and Jonathan B. Sutin, J., concurring): The court proposed to dismiss the appeal due to the absence of a final order. The Defendant-Appellee supported this proposal by filing a memorandum. The Plaintiff-Appellant did not file a memorandum in opposition within the allotted time, which, under Rule 12-210(D)(3) NMRA, constitutes acceptance of the proposed disposition. Consequently, the court dismissed the appeal, referencing Frick v. Veazey for the principle that failure to oppose a proposed disposition results in its acceptance (para 1).