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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO CARLOS DIAZ, 3 Plaintiff-Apellant, v. NO. 34,369 ORVAL CRUZ JOE, 6 Defendant-Appellee.

7 APPEAL FROM THE DISTRICT COURT OF VALENCIA COUNTY James L. Sanchez, District Judge Carlos L. Diaz Albuquerque, NM Pro Se Appellant John T. Fitzpatrick Albuquerque, NM for Appellee

15 MEMORANDUM OPINION KENNEDY, Judge.

17 {1} Plaintiff Carlos Diaz (Plaintiff), personal representative of his deceased brother, appeals from the district court’s judgment finding the existence of an equitable real estate contract whereby Defendant agreed to purchase real property from the brother of Plaintiff. [DS 1; RP 113] This Court issued a notice proposing to dismiss Plaintiff’s appeal for lack of a final order. Plaintiff did not file a memorandum in opposition but instead filed a motion requesting an indefinite extension of time until the district court enters its final order. Plaintiff’s motion is DENIED. Because the district court has not entered a final order, we dismiss Plaintiff’s appeal for the reasons provided in our notice.

9 {2} IT IS SO ORDERED.

10 _______________________________ 11 RODERICK T. KENNEDY, Judge WE CONCUR:

13 ___________________________________ TIMOTHY L. GARCIA, Judge

15 ___________________________________ M. MONICA ZAMORA, Judge