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 filed a complaint against the Defendants for conversion and intentional infliction of emotional distress. The specifics leading to these claims are not detailed in the provided text.
Procedural History
- District Court of Santa Fe County, Raymond Z. Ortiz, District Judge: Dismissed the Plaintiff's complaint for conversion and intentional infliction of emotional distress on grounds of failure to state a claim and res judicata.
Parties' Submissions
- Plaintiff-Appellant: Argued against the dismissal of her complaint for conversion and intentional infliction of emotional distress, reiterating arguments made below and in her docketing statement but did not address the issue of finality.
- Defendants-Appellees: [Not applicable or not found]
Legal Issues
- Whether the district court's dismissal of the Plaintiff's complaint for conversion and intentional infliction of emotional distress on grounds of failure to state a claim and res judicata was appropriate.
- Whether the appeal should be dismissed for lack of a final order.
Disposition
- The appeal was dismissed for lack of a final order, with the Court correcting its previous misstatement regarding the nature of the Plaintiff's complaint but remaining unpersuaded as to the proposed outcome.
Reasons
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RODERICK T. KENNEDY, Judge, with CELIA FOY CASTILLO, Chief Judge, and JAMES J. WECHSLER, Judge concurring, found that the Plaintiff's appeal should be dismissed due to the lack of a final order. The Court corrected an earlier misstatement regarding the Plaintiff's complaint but upheld the decision to dismiss the appeal, indicating that once a final order has been entered, the Petitioner may appeal in accordance with the rules of appellate procedure.
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