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 from a district court's memorandum order that denied his motion to dismiss in a criminal case identified as CR-1999-3961.
Procedural History
- [Not applicable or not found]
Parties' Submissions
- Defendant-Appellant: Argued against the district court's memorandum order denying his motion to dismiss. However, the specific arguments made by the Defendant in opposition to the court's proposed disposition are not detailed in the decision.
- Plaintiff-Appellee: The specific arguments made by the Plaintiff-Appellee in response to the Defendant's appeal are not detailed in the decision.
Legal Issues
- Whether the memorandum order denying the Defendant's motion to dismiss constitutes a final order eligible for appeal.
Disposition
- The appeal was dismissed for lack of a final order.
Reasons
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Per Cynthia A. Fry, J. (Roderick T. Kennedy, Chief Judge, and James J. Wechsler, Judge, concurring): The court dismissed the appeal due to the Defendant's failure to demonstrate that the memorandum order was a final judgment. The Defendant's memorandum in opposition did not adequately respond to the court's concerns regarding the finality of the order or point out any errors in fact or law as required. The court reiterated that in criminal cases, a final judgment is considered to be the judgment and sentence or an order dismissing all charges against the defendant, which was not the case here.
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