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

• Cher and Kevin Bailey, a married couple, initiated a legal action against Robert and Linda Braiser (also a married couple), Leo J. Andavazo (a single man), Betty B. Garcia (a single woman), John Doe (an unidentified man), and Schwan’s Home Services Inc. (a Minnesota corporation registered to do business in New Mexico). The specifics of the events leading to the case are not detailed in the provided text.

Procedural History

• District Court of Grant County, J. C. Robinson, District Judge: Issued a summary judgment order against the Appellants, Cher and Kevin Bailey.

Parties' Submissions

• Appellants: Argued against the district court's summary judgment order. Specific arguments are not detailed in the provided text.
• Appellees: Specific submissions by the Appellees are not detailed in the provided text.

Legal Issues

• (N/A)

Disposition

• The Court of Appeals dismissed the appeal due to the lack of a final order, as a motion for reconsideration was pending in the district court.

Reasons

• The Court of Appeals, consisting of Judges Michael E. Vigil, M. Monica Zamora, and Henry M. Bohnhoff, decided to dismiss the appeal. The decision was based on the procedural posture of the case, specifically the existence of a pending motion for reconsideration in the district court that was filed within the appropriate time frame after the notice of appeal but had not yet been ruled upon. The appellate court noted that there was no final order from which to appeal and highlighted the inability to predict when the district court would schedule a hearing or enter a final decision on the motion for reconsideration. The appellate court suggested that the Appellants could appeal again after the district court entered a decision on the pending motion (para 1).