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 custody dispute between the Petitioner-Appellant and the Respondent-Appellee. The unresolved issue of child support is directly related to the custody and timesharing matters raised in the proceedings.

Procedural History

• District Court, Bernalillo County: The district court issued an order substantially adopting the recommendations contained in an advisory report. However, the issue of child support remained unresolved.

Parties' Submissions

• Petitioner-Appellant: Argued that the issue of child support is "not relevant" to the appeal but acknowledged its connection to the custody and timesharing issues. Also contended that dismissing the appeal would not serve judicial economy.
• Respondent-Appellee: Supported the dismissal of the appeal, arguing that the order was not final due to the unresolved child support issue.

Legal Issues

• Whether the district court's order, which left the issue of child support unresolved, constitutes a final order for the purposes of appeal.

Disposition

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

Reasons

Per Bustamante J. (Wechsler and Castillo JJ. concurring):

The Court emphasized that appellate jurisdiction is limited to final judgments and decisions, as per NMSA 1978, § 39-3-2 (1966) and relevant case law. A final order must resolve all issues of law and fact to the fullest extent possible. The unresolved issue of child support, which is closely tied to the custody and timesharing matters, rendered the district court's order non-final. The Court rejected the Petitioner's argument regarding judicial economy, reiterating the importance of avoiding piecemeal appeals and promoting finality in litigation. Consequently, the appeal was dismissed.