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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

2 TOMMY SOWARDS and BARBARA SOWARDS 4 Plaintiffs-Appellants, v. NO. 34,373 BIOTRONIK, INC. and EDWARD TAGUE,, 8 Defendants-Appellees.

9 APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY Douglas R. Driggers, District Judge

11 McGinn, Carpenter, Montoya & Love, PA Randi McGinn Kathy Love Michael Sievers Albuquerque, NM for Appellants Cervantes Law Firm Joseph Cervantes Las Cruces, NM Holland & Knight, LLP William F. Gould Kelly Krystyniak Washington, D.C. Modrall, Sperling, Roehl, Harris & Sisk, P.A.

6 Alex C. Walker Albuquerque, NM for Appellee Biotronik, Inc. Silva & Associates, P.C.

10 Benjamin Silva, Jr. Michael Hughes Albuquerque, NM for Appelle Edward Tague

14 MEMORANDUM OPINION WECHSLER, Judge.

16 {1} Plaintiffs filed an appeal following the judgment entered in this case. We proposed to dismiss the appeal for lack of a final, appealable order. In response, the parties have filed a joint memorandum supporting the proposed dismissal. Therefore, for the reasons discussed in the notice of proposed disposition, we dismiss this appeal without prejudice. This Court will retain the record proper for a reasonable period of time for use in any subsequent appeal that might result from this case once a final, appealable order is filed. The parties are hereby ordered to notify the Court

1 immediately should the case be resolved in mediation or otherwise, or once the parties are aware that no further appeals will be filed in this case.

3 {2} IT IS SO ORDERED.

4 ________________________________ 5 JAMES J. WECHSLER, Judge

6 WE CONCUR:

7 ________________________________ JONATHAN B. SUTIN, Judge

9 ________________________________ RODERICK T. KENNEDY, Judge