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

• Julie Tambourine filed a lawsuit against Terminix International Co., which led to a judgment by the district court. Following the judgment, Tambourine filed an amended post-judgment motion requesting judgment as a matter of law, to alter or amend the judgment, a new trial, and reconsideration of the court’s pretrial grant of summary judgment on other claims. The district court had not ruled on these motions at the time of her appeal.

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Plaintiff-Appellant: Argued that the issues raised in her post-judgment motions were previously asserted in the record and were preserved for review by the Court of Appeals, suggesting that the appeal could proceed without waiting for a ruling from the district court.
• Defendant-Appellee: Filed a response to the Plaintiff's motions, but the specific arguments are not detailed in the decision.

Legal Issues

• Whether the appeal filed by the Plaintiff-Appellant can proceed despite the district court not having ruled on her post-judgment motions.

Disposition

• The Court of Appeals dismissed the appeal due to the lack of a final order in the case.

Reasons

• The Court of Appeals, comprising Judge Cynthia A. Fry, Judge Michael E. Vigil, and Judge M. Monica Zamora, unanimously decided to dismiss the appeal. The court reasoned that the appeal was premature because the Plaintiff's motions attacking the judgment were still outstanding, making the notice of appeal filed before there was a final order in the case. The court disagreed with the Plaintiff's argument that the appeal could proceed without waiting for a ruling from the district court on her motions. The judgment in the case was not considered appealable until the district court ruled on the Plaintiff's motions, citing precedents that if a party makes a post-judgment motion that could alter or amend the final judgment, the judgment is no longer final for purposes of appeal. The court noted that the Plaintiff is free to appeal once she has obtained a ruling on her motion from the district court.