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 the Petitioner-Appellant and the Respondent-Appellee following the entry of a final decree on June 10, 2008. The Petitioner filed a motion for a new trial, challenging various legal conclusions in the judgment. The motion was filed within ten days of the judgment, which under New Mexico law is treated as a Rule 1-059(E) motion to alter or amend the judgment.

Procedural History

• District Court, June 10, 2008: Final decree entered in the case.

Parties' Submissions

• Petitioner-Appellant: Filed a motion for a new trial under Rule 1-059 NMRA, seeking reconsideration of various legal conclusions in the judgment. Later filed a Notice of Appeal, believing the motion was deemed denied by operation of law after thirty days.
• Respondent-Appellee: Did not oppose the dismissal of the appeal to allow the district court to enter a final order.

Legal Issues

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

Disposition

• The appeal was dismissed for lack of a final order.

Reasons

Per Kennedy J. (Fry C.J. and Castillo J. concurring): The Court determined that the filing of a Rule 1-059(E) motion renders a judgment non-final for purposes of appeal. Since the district court had not yet ruled on the Petitioner’s motion, the judgment was not final, and the appeal could not proceed. The Petitioner did not oppose the dismissal, and the Court dismissed the appeal to allow the district court to enter a final order.