Court of Appeals of New Mexico
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Rule Set 12 - Rules of Appellate Procedure - cited by 9,502 documents
Decision Content
THE TULAROSA COMMUNITY DITCH V. DAVALOS
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THE TULAROSA COMMUNITY
DITCH, a Corporation,
Plaintiff-Appellee,
v.
MICHAEL DAVALOS, JR.,
Defendant-Appellant.
NO. 29,909
COURT OF APPEALS OF NEW MEXICO
December 29, 2010
APPEAL FROM THE DISTRICT COURT OF OTERO COUNTY, James
Waylon Counts, District Judge
COUNSEL
A.J. Olsen, Roswell, NM, for Appellee
Sheehan & Sheehan, P.A., Susan C. Kery, Albuquerque, NM, for Appellant
JUDGES
CELIA FOY CASTILLO, Judge. WE CONCUR: LINDA M. VANZI, Judge, TIMOTHY L. GARCIA, Judge
AUTHOR:
MEMORANDUM OPINION
CASTILLO, Judge.
Defendant Michael Davalos, Jr. appeals the district court’s denial of his motion to reconsider nunc pro tunc. On August 5, 2010, this Court filed a notice of proposed summary disposition proposing to dismiss the appeal for lack of a final order. On August 30, 2010, Defendant filed a memorandum in support of proposed summary disposition, which requests dismissal of the appeal and remand to the district court for further proceedings.
Accordingly, for the reasons set forth in our notice of proposed summary disposition, we dismiss Defendant’s appeal and remand to the district court for further proceedings. Mandate shall issue forthwith.
IT IS SO ORDERED.
CELIA FOY CASTILLO, Judge
WE CONCUR:
LINDA M. VANZI, Judge
TIMOTHY L. GARCIA, Judge