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 the Plaintiff-Appellee, Justin Danley, and the Defendant-Appellant, Compass Bank, also known as BBVA Compass Bank. The core of the dispute is the entry of default judgment in favor of the Plaintiff by the District Court of Otero County. The Defendant appealed this judgment.

Procedural History

• District Court of Otero County, James W. Counts, District Judge: Default judgment entered in favor of Plaintiff.

Parties' Submissions

• Plaintiff-Appellee: [Not applicable or not found]
• Defendant-Appellant: Argued for the case to be remanded to the district court for a substantive hearing on the Defendant's Motion to Set Aside Default Judgment.

Legal Issues

• Whether the Court of Appeals has jurisdiction to hear the appeal without a final order on Defendant’s post-judgment motion to reconsider the default judgment.

Disposition

• The appeal was dismissed due to the Court of Appeals' lack of jurisdiction over the appeal, stemming from the absence of a final order from the district court on the Defendant's post-judgment motion.

Reasons

• The Court of Appeals, comprising Judge Roderick T. Kennedy, Chief Judge Celia Foy Castillo, and Judge Michael E. Vigil, unanimously decided to dismiss the appeal. The Court highlighted that it proposed to hold that it lacked jurisdiction to hear the appeal due to the absence of a final order on the Defendant's post-judgment motion to reconsider the default judgment. Despite the Defendant's response to the Court's proposed disposition, they failed to comply with the request for a final order from the district court. Consequently, without a final order, the Court confirmed it did not possess jurisdiction over the appeal and was unable to address the merits of the appeal or grant any relief requested by the Defendant.