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 the Defendant against a judgment entered by the District Court of Taos County. The Plaintiff, The Bank of New York Mellon, acting as Trustee for the Certificate Holders of the CWALT, INC. Alternative Loan Trust 2004-25CB, Mortgage Pass Through Certificates, Series 2004-25CB, was the appellee in this matter. The specific events leading to the appeal are not detailed in the provided text.

Procedural History

• District Court of Taos County: A judgment was entered against the Defendant, leading to the appeal.

Parties' Submissions

• Plaintiff-Appellee: The specific arguments made by the Plaintiff-Appellee are not detailed in the provided text (N/A).
• Defendant-Appellant: The Defendant sought clarification on the right to appeal "if and when" a final, appealable order is entered by the district court (para 3).

Legal Issues

• Whether the instant appeal is premature (para 2).
• Whether the Defendant has the right to appeal "if and when" the district court enters a final, appealable order (para 3).

Disposition

• The appeal was dismissed for being premature (para 4).

Reasons

• Judges Julie J. Vargas, Kristina Bogardus, and Zachary A. Ives concurred in the decision. The Court found the appeal to be premature and adhered to its initial assessment without providing undue reiteration of the relevant information and authority previously set forth. The Court acknowledged the constitutional guarantee of the right to appeal for any aggrieved party but declined to provide guidance on a question of federal jurisdiction, stating that appellate courts do not give advisory opinions (paras 1-4).