AI Generated Opinion Summaries

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 appealed an order denying his motion to vacate an order of dismissal related to an amended judgment. The Defendant argued that the district court lacked jurisdiction to enter the original order of dismissal due to an ongoing appeal.

Procedural History

• Appeal from the District Court of Bernalillo County, James F. Blackmer, District Judge.

Parties' Submissions

• Defendant-Appellant: Argued that the district court did not have jurisdiction to enter the original order of dismissal because there was an appeal pending, and therefore, his motion to withdraw the order of dismissal should have been granted.
• Plaintiff-Appellee: [Not applicable or not found]

Legal Issues

• Whether the district court had jurisdiction to enter an order of dismissal while an appeal was pending.
• Whether the district court had jurisdiction to vacate an order of dismissal during the pendency of an appeal.

Disposition

• The Court of Appeals affirmed the denial of the Defendant's motion to vacate the dismissal.

Reasons

• Per Timothy L. Garcia, J. (Celia Foy Castillo, Chief Judge, and Michael E. Vigil, Judge, concurring): The Court of Appeals found the Defendant's arguments unpersuasive and affirmed the district court's decision. The Court held that even if the district court lacked jurisdiction to enter the original order of dismissal, it did not have jurisdiction to vacate that order while an appeal was pending. The Court concluded that the district court did not err in denying the Defendant's motion to vacate the dismissal due to the ongoing appeal.