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 Defendant-Appellant filed various motions in response to a summary judgment order entered against them in favor of the Plaintiff-Appellee, a bank acting as a successor to another financial institution. The case involves disputes over the summary judgment and subsequent procedural motions filed by the Defendant-Appellant.
Procedural History
- District Court, Bernalillo County, presided by Judge Ted Baca: Granted summary judgment in favor of the Plaintiff-Appellee and denied the Defendant-Appellant's subsequent motions to vacate the judgment, stay the judgment, hold a new hearing, and reconsider the summary judgment order.
Parties' Submissions
- Appellant (Defendant-Appellant): Filed motions to vacate the summary judgment, stay the judgment, hold a new hearing, and reconsider the summary judgment order. Later requested the case to be returned to the district court. (N/A)
- Appellee (Plaintiff-Appellee): Responded to the Appellant's request for remand and agreed that the appeal should be dismissed and the case remanded to the district court.
Legal Issues
- Whether the orders appealed from were final for the purposes of appeal.
Disposition
- The appeal was dismissed, and the case was remanded to the district court.
Reasons
Per Wechsler J. (Castillo and Vigil JJ. concurring): The Court of Appeals determined that the orders appealed from were not final and, therefore, not subject to appellate review. The Court relied on its prior analysis in the calendar notice, which explained the lack of finality in the orders. Both parties agreed that the case should be dismissed and remanded to the district court. Consequently, the Court dismissed the appeal and remanded the matter for further proceedings. (headnotes)