AI Generated Opinion Summaries

Decision Information

Decision Content

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

  • Petitioner sought to appeal from the district court's order granting trial judgment in favor of Respondent and another unnamed order. The Petitioner also requested the court to make findings of fact and conclusions of law and to amend the trial judgment (para 1).

Procedural History

  • District Court of Lincoln County, November 13, 2013: Trial judgment in favor of Respondent (para 1).

Parties' Submissions

  • Petitioner-Appellant: Requested the court to make findings of fact and conclusions of law and to amend the trial judgment (para 1).
  • Respondent-Appellee: [Not applicable or not found]

Legal Issues

  • Whether the district court's orders are final for purposes of appeal in light of Petitioner's post-judgment motion (para 2).

Disposition

  • The Court of Appeals dismissed Petitioner's appeal for lack of a final, appealable order and remanded for further proceedings (para 3).

Reasons

  • The Court, consisting of Judges M. Monica Zamora, Timothy L. Garcia, and J. Miles Hanisee, unanimously agreed that the Petitioner's post-judgment motion rendered the district court's orders non-final. This determination was based on the principle that a judgment or order remains non-final while a motion that challenges the district court’s determination of the rights of the parties is pending, making any appeal premature. Both Respondent and Petitioner agreed that the orders were not final for purposes of appeal, leading to the dismissal of the appeal and remand for further proceedings (paras 2-3).
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