Danley v. Compass
Danley v. Compass
Opinion
1 This memorandum opinion was not selected for publication in the New Mexico Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.
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6 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO JUSTIN DANLEY, 8 Plaintiff-Appellee, v. NO. 30,727 COMPASS BANK, a/k/a, BBVA COMPASS BANK, 12 Defendant-Appellant.
13 APPEAL FROM THE DISTRICT COURT OF OTERO COUNTY James W. Counts, District Judge John R. Hakanson, P.C.
16 Miquel Garcia Alamogordo, NM for Appellee Miller Stratvert, P.A.
20 Charlotte Lamont James L. Widland Albuquerque, NM for Appellant 24 MEMORANDUM OPINION KENNEDY, Judge.
1 Defendant appeals the entry of default judgment in favor of Plaintiff. We proposed to hold that we have no jurisdiction to hear the appeal because we have been presented with no final order on Defendant’s post-judgment motion to reconsider the default judgment. There is no indication from the record proper or from the district court’s case lookup site that a final order was entered in this case. Defendant has filed a response to our proposed disposition, but has not complied with our request for a final order from the district court.
8 Defendant asks this Court to remand the case to the district court “for a substantive hearing on [Defendant’s] Motion to Set Aside Default Judgment.” As explained in our notice, without a final order from the district court, we do not have jurisdiction over this appeal, and we are without jurisdiction to address the merits of the appeal or to grant any other relief requested by Defendant. We dismiss the appeal for the reasons discussed in our calendar notice.
14 IT IS SO ORDERED.
15 ___________________________________ 16 RODERICK T. KENNEDY, Judge
1 WE CONCUR:
2 _________________________________ CELIA FOY CASTILLO, Chief Judge
4 ___________________________ MICHAEL E. VIGIL, Judge
Case-law data current through December 31, 2025. Source: CourtListener bulk data.