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 an appeal by the Defendant against an order awarding summary judgment to a former co-defendant and a subsequent order denying a motion for reconsideration. The Defendant believes the district court erred in its decision (para 3).
Procedural History
- Appeal from the District Court of Bernalillo County, Denise Barela Shepherd, District Judge, September 23, 2013: Summary judgment awarded to a former co-defendant and motion for reconsideration denied.
Parties' Submissions
- Defendant-Appellant: Argues against the district court's order awarding summary judgment to a former co-defendant and the denial of a motion for reconsideration. The Defendant believes the district court has erred (para 3).
- Plaintiffs-Appellees: [Not applicable or not found]
Legal Issues
- Whether the notice of appeal was timely filed with respect to the order awarding summary judgment to a former co-defendant.
- Whether the proceedings are final with respect to the order denying a motion for reconsideration.
Disposition
- The appeal is summarily dismissed (para 4).
Reasons
-
Per Timothy L. Garcia, J. (Michael D. Bustamante, J., Jonathan B. Sutin, J., concurring):The Court dismissed the appeal based on jurisdictional limitations, specifically issues related to the timeliness of the notice of appeal and the finality of the proceedings. The Defendant's belief that the district court erred did not affect the Court's jurisdictional constraints. The Court remained unpersuaded that the matter was properly before them, leading to the dismissal of the appeal (paras 1-4).
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