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 Petitioner filed a motion to reconsider a district court's order of dismissal. The motion was filed under Rules 1-052(D) and 1-059(E) NMRA, which allow for post-judgment motions to challenge a court's determination. The Petitioner also filed a notice of appeal before the district court ruled on the motion to reconsider.

Procedural History

• District Court, March 11, 2009: The district court issued an order dismissing the case.

Parties' Submissions

• Appellant (Petitioner): Argued that the order of dismissal was final despite the pending motion to reconsider. Claimed that the notice of appeal divested the district court of jurisdiction to rule on the motion and that the motion to reconsider was voluntarily waived by filing the notice of appeal. Alternatively, requested a limited remand for the district court to rule on the motion to reconsider.
• Appellee (Respondent): [Not applicable or not found]

Legal Issues

• Whether the district court's order of dismissal was final despite the pending motion to reconsider.
• Whether the notice of appeal was premature due to the unresolved motion to reconsider.

Disposition

• The appeal was dismissed as premature, and the case was remanded to the district court for further proceedings.

Reasons

Per Vigil J. (Bustamante and Robles JJ. concurring):

The Court held that a post-judgment motion filed under Rules 1-052(D) and 1-059(E) NMRA must be expressly resolved by the district court before the judgment or order becomes final. Citing precedent from Albuquerque Redi-Mix, Inc. v. Scottsdale Ins. Co. and Grygorwicz v. Trujillo, the Court emphasized that the time for filing a notice of appeal does not begin to run until the district court expressly disposes of such motions. Since the Petitioner’s motion to reconsider was still pending when the notice of appeal was filed, the notice was deemed premature. The Court dismissed the appeal and remanded the case to the district court for resolution of the motion to reconsider. Once a final order is entered, the Petitioner may file a new appeal in accordance with the rules of appellate procedure.