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 case involves an appeal by McElvain Oil & Gas Properties, Inc. (McElvain) against an order granting a motion for summary judgment in favor of co-Defendant United Drilling, Inc. (United), and a stipulated order dismissing all of Plaintiffs’ claims against United. The plaintiffs, Julie Sakura, as Personal Representative of the Estate of Sergio Raul Montano-Moreno, and Gloria Moreno, had filed claims against several defendants, including McElvain and United.

Procedural History

• District Court of Santa Fe County, Barbara Vigil, District Judge: Granted co-Defendant United Drilling, Inc.'s motion for summary judgment and issued a stipulated order dismissing all of Plaintiffs' claims against United.

Parties' Submissions

• Appellant (McElvain Oil & Gas Properties, Inc.): Sought to appeal the district court's order granting summary judgment in favor of United and the stipulated order dismissing all plaintiffs' claims against United (N/A).
• Appellees (Julie Sakura, as Personal Representative, and Gloria Moreno): Supported the dismissal of the appeal, arguing the absence of a final, appealable order (N/A).
• Co-Defendant/Appellee (United Drilling, Inc.): Supported the dismissal of the appeal, aligning with the reasons set forth in the notice of proposed summary disposition.

Legal Issues

• Whether the order granting co-Defendant United Drilling, Inc.'s motion for summary judgment and the stipulated order dismissing all of Plaintiffs' claims against United constitute a final, appealable order.

Disposition

• The appeal was dismissed for want of a final, appealable order.

Reasons

• Per BUSTAMANTE, J. (WECHSLER, J., FRY, J. concurring): The court dismissed the appeal based on the reasons set forth in the notice of proposed summary disposition, which proposed dismissal for want of a final, appealable order. The court noted that memoranda in support of the dismissal were filed by United and Plaintiffs, and no memorandum in opposition was filed within the allowed time frame.