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 foreclosure action initiated by the Plaintiff against the Defendant. The Defendant sought a jury trial in the proceedings, but the district court struck the jury demand. The foreclosure action remains unresolved as no final order has been entered by the district court.
Procedural History
- District Court, San Miguel County: The district court struck the Defendant's jury demand but did not issue a final order resolving the foreclosure action.
Parties' Submissions
- Appellant (Defendant): Argued that the district court erred in striking the jury demand and raised additional claims of error related to the ongoing proceedings.
- Appellee (Plaintiff): [Not applicable or not found]
Legal Issues
- Whether the district court's order striking the Defendant's jury demand constitutes a final, appealable order.
Disposition
- The appeal was dismissed for lack of jurisdiction.
Reasons
Per Kennedy J. (Vigil and Robles JJ. concurring):
The Court of Appeals determined that it lacked jurisdiction to hear the appeal because the district court's order striking the Defendant's jury demand was not a final order. Under New Mexico law, appellate jurisdiction is limited to final judgments, interlocutory orders that effectively dispose of the merits of a case, or final orders after judgment that affect substantial rights. A final order must resolve all issues of law and fact and dispose of the case to the fullest extent possible. Since the foreclosure action remains unresolved and no final order has been entered, the appeal was dismissed. The Court noted that the Defendant could appeal once a final order is issued in the case.