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 a dispute between CACH, LLC (Plaintiff/Counter-Defendant/Appellee) and David W. Riley (Defendant/Counter-Plaintiff/Appellant) regarding a motion for summary judgment due to lack of standing and a motion for reconsideration of the court’s ruling on attorney fees related to Plaintiff’s claim.

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Plaintiff/Counter-Defendant/Appellee: Supported the court's proposed summary disposition.
• Defendant/Counter-Plaintiff/Appellant: Sought to appeal from the district court’s order granting his motion for summary judgment due to lack of standing and denying his motion for reconsideration of the court’s ruling on attorney fees related to Plaintiff’s claim.

Legal Issues

• Whether the district court’s order granting the motion for summary judgment due to lack of standing and denying the motion for reconsideration of the court’s ruling on attorney fees constitutes a final, appealable order.

Disposition

• The appeal by Defendant/Counter-Plaintiff was summarily dismissed for lack of a final, appealable order (para 1).

Reasons

• MICHAEL D. BUSTAMANTE, Judge (JAMES J. WECHSLER, Judge and JONATHAN B. SUTIN, Judge concurring): The court proposed to summarily dismiss the appeal due to the absence of a final, appealable order, as there were outstanding counterclaims and a lack of certification language that could make the order immediately appealable under Rule 1-054(B)(1) NMRA. The Plaintiff/Counter-Defendant supported this proposed summary disposition, and the Defendant/Counter-Plaintiff did not file a response, which under Frick v. Veazey, constitutes acceptance of the proposed disposition (para 1).