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

• Tommy Sowards and Barbara Sowards filed a legal action against Biotronik, Inc. and Edward Tague. The specific events leading to this case are not detailed in the provided text.

Procedural History

• Appeal from the District Court of Doña Ana County, Douglas R. Driggers, District Judge.

Parties' Submissions

• Plaintiffs-Appellants: Argued for the appeal of the judgment entered in the case. Specific arguments are not detailed in the provided text (N/A).
• Defendants-Appellees: Joined the Plaintiffs-Appellants in filing a joint memorandum supporting the proposed dismissal of the appeal. Specific arguments are not detailed in the provided text.

Legal Issues

• Whether the appeal should be dismissed for lack of a final, appealable order.

Disposition

• The appeal was dismissed without prejudice.

Reasons

• The Court, consisting of Judge James J. Wechsler, with Judges Jonathan B. Sutin and Roderick T. Kennedy concurring, decided to dismiss the appeal due to the lack of a final, appealable order. This decision was supported by a joint memorandum from the parties agreeing to the proposed dismissal. The Court retained the record for a reasonable period for use in any subsequent appeal that might result from the case once a final, appealable order is filed. The parties were ordered to notify the Court if the case resolves in mediation or otherwise, or once it is known that no further appeals will be filed (para 1).