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 child custody and support dispute. The Respondent (Mother) challenges the proceedings initiated by the Petitioners, the State of New Mexico ex rel. Children, Youth and Families Department and Bernardo S. Porras, regarding jurisdiction over the matter and the handling of child support and custody issues.
Procedural History
- District Court, December 19, 2008: The district court adopted the hearing officer’s report and recommendations in the child custody and support case. The matter was continued to determine whether jurisdiction properly lies in Arizona or New Mexico.
Parties' Submissions
- Appellant (Mother): Argued that the district court erred by failing to dismiss the petitioners’ suit, granting an oral motion for continuance, not requiring the State to file an amended petition, not ordering interim child support, and not ensuring the hearing officer followed applicable statutes and guidelines.
- Appellees (State of New Mexico and Bernardo S. Porras): [Not applicable or not found]
Legal Issues
- Whether the Court of Appeals has jurisdiction to review the district court’s order when the issue of jurisdiction over the case has not been resolved at the district court level.
Disposition
- The appeal was dismissed for lack of jurisdiction.
Reasons
Per Vigil J. (Bustamante and Vanzi JJ. concurring):
The Court of Appeals determined that it lacked jurisdiction to hear the appeal because the district court had not issued a final order. Jurisdiction over the case, a threshold matter, had not been resolved, and the underlying issues of child custody and support remained undecided. The Court emphasized that it only has jurisdiction over final orders, which require all issues of law and fact to be fully resolved by the trial court.