AI Generated Opinion Summaries

Decision Information

Decision Content

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 Defendant attempted to appeal an order dismissing his appeal in district court due to lack of jurisdiction. However, there was a motion for reconsideration of the order still pending, which affected the finality of the order being appealed.

Procedural History

  • Appeal from the District Court of San Juan County, Karen L. Townsend, District Judge, April 1, 2011: The district court dismissed the Defendant's appeal for lack of jurisdiction.

Parties' Submissions

  • Defendant-Appellant: Acknowledged that his appeal was from a non-final order.
  • Plaintiff-Appellee: [Not applicable or not found]

Legal Issues

  • Whether the appeal should be dismissed for lack of a final order due to a pending motion for reconsideration.

Disposition

  • The appeal was dismissed for lack of a final order.

Reasons

  • Judge Michael E. Vigil, with concurrence from Judges Celia Foy Castillo and James J. Wechsler, decided to dismiss the Defendant's appeal. The decision was based on the lack of a final order, as there was a motion for reconsideration of the order still pending. The Defendant's timely response, acknowledging the appeal was from a non-final order, supported the court's decision to dismiss the appeal.
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