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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO RONALD A. ARMSTRONG and AMERICA’S BEST STONE, LLC, a New Mexico Limited Liability Company, 5 Plaintiffs-Appellees, v. No. 34,434 JACK L. ELKINS, II, a/k/a JACKIE ELKINS, a/k/a JACK L. ELKINS, 9 Defendant-Appellant.

10 APPEAL FROM THE DISTRICT COURT OF MCKINLEY COUNTY Grant l. Foutz, District Judge Mason & Isaacson, P.A.

13 Thomas Lynn Isaacson Gallup, NM for Appellees Business Law Southwest, LLC Donald F. Kochersberger III Alicia M. LaPado Albuquerque, NM Harris Law, P.C.

21 Don F. Harris Albuquerque, NM Albuquerque Business Law, P.C.

2 Jeremy J. Theoret Albuquerque, NM

4 Joshua R. Sims, P.C.

5 Joshua R. Sims Albuquerque, NM for Appellants

8 MEMORANDUM OPINION GARCIA, Judge.

10 {1} Summary dismissal for a non-final order was proposed for the reasons stated in the notice of proposed disposition. No memorandum opposing summary dismissal has been filed, and the time for doing so has expired.

13 {2} The appeal is dismissed for lack a of final order and remanded to the district court for further proceedings.

15 {3} IT IS SO ORDERED.

17 TIMOTHY L. GARCIA, Judge WE CONCUR:

20 JONATHAN B. SUTIN, Judge M. MONICA ZAMORA, Judge