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 Defendant filed a motion to reconsider nunc pro tunc in the district court. The case involves a dispute between the Plaintiff, a community ditch corporation, and the Defendant, but the specific underlying facts of the dispute are not provided in the decision.
Procedural History
- District Court, Otero County: The district court denied the Defendant's motion to reconsider nunc pro tunc.
Parties' Submissions
- Appellant (Defendant): The Defendant supported the proposed summary disposition by the Court of Appeals, requesting dismissal of the appeal and remand to the district court for further proceedings.
- Appellee (Plaintiff): [Not applicable or not found]
Legal Issues
- Whether the appeal should be dismissed for lack of a final order.
Disposition
- The Court of Appeals dismissed the Defendant's appeal and remanded the case to the district court for further proceedings.
Reasons
Per Castillo J. (Vanzi and Garcia JJ. concurring):
The Court of Appeals issued a notice of proposed summary disposition, indicating that the appeal lacked a final order and was therefore subject to dismissal. The Defendant agreed with the proposed disposition and requested dismissal of the appeal and remand to the district court. Based on the reasons outlined in the notice of proposed summary disposition, the Court dismissed the appeal and remanded the case to the district court for further proceedings. The mandate was ordered to issue immediately.