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 parties' liquidation of assets and final distribution of marital property following a final divorce decree. The appeal specifically concerns the valuation (or lack thereof) of the marital home and a commercial property.

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Respondent-Appellant: Argued that the order from which he seeks to appeal should be considered final and appealable.
• Petitioner-Appellee: [Not applicable or not found]

Legal Issues

• Whether the district court’s order, relating to the liquidation or distribution of marital assets, is a final, appealable order.

Disposition

• The appeal is dismissed due to lack of a final, appealable order.

Reasons

• M. Monica Zamora, Judge, with Michael E. Vigil, Chief Judge, and James J. Wechsler, Judge, concurring, found that the order from which the Respondent seeks to appeal is not final and appealable. The court determined that the order was either a minute or an interim order awaiting further proceedings, such as a signed quit claim deed and a presentment hearing, or a more formal order without the presentment hearing. The court also noted that even a more formal order at this stage would be considered an interlocutory ruling. The court explained that for an order to be considered final and immediately appealable, the case must be disposed of to the fullest extent possible, which was not the case here. Additionally, the court mentioned that any challenge to the provision regarding the value of HTK contained in the stipulated division of property order should be raised by a Rule 1-060(B) NMRA motion to the district court, indicating that the Respondent's approach was a collateral attack on the final decree of dissolution of marriage (paras 1-4).