Court of Appeals of New Mexico
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Rule Set 12 - Rules of Appellate Procedure - cited by 9,502 documents
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COOK V. WELLS FARGO BANK
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DANIEL W. COOK,
Defendant-Appellant,
v.
WELLS FARGO BANK, N.A.,
SUCCESSOR TO WELLS FARGO BANK
NEW MEXICO, N.A.,
Plaintiff-Appellee.
NO. 29,523
COURT OF APPEALS OF NEW MEXICO
January 27, 2010
APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY, Ted
Baca, District Judge
COUNSEL
Daniel W. Cook, Albuquerque, NM, Pro Se Appellant
Sutin, Thayer & Browne, P.C., Michelle K. Ostrye, Jay D. Hertz, Albuquerque, NM, for Appellee
JUDGES
JAMES J. WECHSLER, Judge. WE CONCUR: CELIA FOY CASTILLO, Judge, MICHAEL E. VIGIL, Judge
AUTHOR:
MEMORANDUM OPINION
WECHSLER, Judge.
Appellant appeals an order granting summary judgment and an order denying various motions filed by Appellant. We proposed to dismiss the appeal in a calendar notice. After the orders were entered below, Appellant filed motions to vacate the summary judgment, to stay the judgment, to hold a new hearing, and to reconsider the summary judgment order. We explained that the orders appealed from were not final for purposes of appeal. In response, Appellant filed a Request for Return of Case to District Court, and Appellee filed a response to Appellant’s request. Appellee agrees that the case should be dismissed and remanded to the district court.
Based on the discussion in our calendar notice, we hold that the orders appealed from are not final. We dismiss the appeal and remand the case to the district court.
IT IS SO ORDERED.
JAMES J. WECHSLER, Judge
WE CONCUR:
CELIA FOY CASTILLO, Judge
MICHAEL E. VIGIL, Judge