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 plaintiff-appellant, David Derringer, initiated legal action against defendants-appellees, Katherine Grave and D. Patrick Sweeney, concerning claims related to property outside of New Mexico and unspecified allegations involving livestock within the state. The district court issued orders that dismissed Derringer's claims against Sweeney for lack of personal jurisdiction and partially dismissed his claims against Grave, specifically those not referencing livestock in New Mexico.

Procedural History

• District Court of Bernalillo County, January 11, 2012: Order granting D. Patrick Sweeney's motion to dismiss for lack of personal jurisdiction.
• District Court of Bernalillo County, (N/A): Order partially granting Katherine Grave's motion to dismiss claims not specifically referencing livestock in New Mexico.

Parties' Submissions

• Plaintiff-Appellant: Argued against the dismissal of his claims, asserting that the district court erred in its decisions. He also claimed not to have received timely notice of the orders from which he sought to appeal.
• Defendants-Appellees: Sweeney argued for dismissal based on lack of personal jurisdiction, which the district court granted. Grave sought partial dismissal of claims not related to livestock in New Mexico, which was also granted by the court.

Legal Issues

• Whether the district court's order granting Sweeney's motion to dismiss for lack of personal jurisdiction was correct.
• Whether the district court's partial dismissal of claims against Grave was final and appealable.
• Whether the plaintiff-appellant's appeal was timely in relation to the order dismissing Sweeney for lack of personal jurisdiction.

Disposition

• The Court of Appeals dismissed the plaintiff-appellant's appeal against Sweeney for untimeliness.
• The Court of Appeals dismissed the plaintiff-appellant's appeal against Grave for lack of finality.

Reasons

• The Court of Appeals, per Judge Roderick T. Kennedy, with Judges Timothy L. Garcia and J. Miles Hanisee concurring, found the appeal against Sweeney to be untimely as the notice of appeal was filed six days after the deadline, without any argument from Derringer that unusual circumstances warranted an exception (para. I). Regarding the partial dismissal of claims against Grave, the court determined the order was non-final because it did not dispose of the case to the fullest extent possible and lacked the necessary certification for partial final judgment under Rule 1-054(B)(1) NMRA (para. II). The court was not persuaded by Derringer's response that the district court had rendered certain claims as "final," finding no basis to support his assertion.