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 Petroglyph Management Association, Inc., a New Mexico for-profit corporation (Plaintiff), and Simp McCorvey III (Defendant) over the alleged breach of restrictive covenants by the Defendant. The Plaintiff sought damages and attorney fees for the breach.

Procedural History

• District Court of Bernalillo County, June 8, 2015: Judgment awarded to Plaintiff for damages and attorney fees on its complaint for breach of restrictive covenants.

Parties' Submissions

• Plaintiff-Appellee/Cross-Appellant: Argued that the Defendant breached restrictive covenants and sought damages and attorney fees.
• Defendant-Appellant/Cross-Appellee: Appealed the district court judgment pro se, challenging the award for damages and attorney fees.

Legal Issues

• Whether the district court judgment awarding Plaintiff damages and attorney fees for breach of restrictive covenants was final and appealable.

Disposition

• The Court of Appeals dismissed both the appeal and the cross-appeal due to the lack of a final, appealable order.

Reasons

• Zamora, J., with Vanzi, J., and Garcia, J., concurring, found that the appellate jurisdiction is limited to review of final judgments or decisions, interlocutory orders that practically dispose of the merits, or any final order after entry of judgment affecting substantial rights. Since the Defendant filed a motion for reconsideration within thirty days of the judgment, which the district court judge never expressly ruled on, the judgment was not final for purposes of appeal. Consequently, both the notice of appeal and the notice of cross-appeal were dismissed for lack of a final, appealable order (paras 1).