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 a dispute over an equitable real estate contract in which the Defendant agreed to purchase real property from the Plaintiff's deceased brother. The Plaintiff, serving as the personal representative of his deceased brother, sought to enforce this agreement.

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Plaintiff: The Plaintiff did not file a memorandum in opposition to the court's notice proposing to dismiss the appeal but instead requested an indefinite extension of time until the district court enters its final order (para 1).
• Defendant: [Not applicable or not found]

Legal Issues

• Whether the district court's judgment finding the existence of an equitable real estate contract between the Defendant and the Plaintiff's deceased brother was appealable in the absence of a final order.

Disposition

• The Court of Appeals dismissed the Plaintiff's appeal due to the lack of a final order from the district court (para 2).

Reasons

• The Court, consisting of Judges Roderick T. Kennedy, Timothy L. Garcia, and M. Monica Zamora, unanimously decided to dismiss the appeal. The decision was based on the procedural ground that the district court had not entered a final order, which is a prerequisite for an appeal to be considered. The Plaintiff's request for an indefinite extension of time until a final order was entered was denied, emphasizing the court's adherence to procedural requirements for appeals (paras 1-2).