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 an appeal by Picacho Hills Utility Company, Inc. and Stephen C. Blanco (Defendants) from an order appointing a receiver. The appeal was made to the Court of Appeals of New Mexico.

Procedural History

• District Court of Doña Ana County, James T. Martin, District Judge: An order appointing a receiver was issued.

Parties' Submissions

• Defendants: Argued that an immediate appeal would serve judicial economy, provide guidance relative to the continuing litigation, and promote Defendants’ right to a jury trial (MIO 1-5).

Legal Issues

• Whether the district court’s order appointing a receiver is immediately reviewable as a final judgment or decision.

Disposition

• The appeal is summarily dismissed.

Reasons

• MICHAEL E. VIGIL, Judge (LINDA M. VANZI, Judge and TIMOTHY L. GARCIA, Judge concurring): The Court of Appeals dismissed the appeal, holding that the order from the district court is not final and therefore not immediately reviewable. The court noted that the right to appeal is generally restricted to final judgments and decisions, and since Defendants’ counterclaims remain unresolved, the order does not qualify as final. The court found Defendants' arguments for immediate appeal unpersuasive, emphasizing adherence to established legal precedents that preclude appeal in such circumstances.