AI Generated Opinion Summaries
Decision Information
High Ridge Hinkle Joint Venture v. City of Albuquerque - cited by 144 documents
Decision Content
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 Plaintiff filed a lawsuit against the Defendants, which led to a summary judgment in favor of the Defendants. The Plaintiff later sought reconsideration of the summary judgment but did not secure an order with the requisite final, decretal language necessary for appeal. The case revolves around procedural deficiencies rather than substantive issues.
Procedural History
- District Court, June 22, 2010: Granted summary judgment in favor of the Defendants.
- District Court, post-June 22, 2010: Denied the Plaintiff's motion for reconsideration.
Parties' Submissions
- Plaintiff-Appellant: Argued that the case should be remanded to the district court to allow her to secure an order with final, decretal language. Indicated an intention to file another motion for reconsideration upon entry of such an order.
- Defendants-Appellees: [Not applicable or not found]
Legal Issues
- Whether the Plaintiff's appeal could proceed in the absence of a final, appealable order containing decretal language.
Disposition
- The Court of Appeals dismissed the Plaintiff's appeal without prejudice due to the lack of a final, appealable order.
Reasons
Per Castillo J. (Vigil and Robles JJ. concurring):
The Court of Appeals determined that the Plaintiff failed to provide an order from the district court that satisfied the finality requirements for appeal. The Court emphasized that final, appealable orders must include decretal language, as established in High Ridge Hinkle Joint Venture v. City of Albuquerque, 119 N.M. 29, 888 P.2d 475 (Ct. App. 1994). Without such an order, the appeal could not proceed. The Court dismissed the appeal without prejudice, allowing the Plaintiff to pursue further action in the district court and file a new appeal if necessary. The Court expressed no opinion on the merits of any future motion for reconsideration.