New Mexico Court of Appeals, 2017

WM Specialty Mortgage LLC v. Johnson

WM Specialty Mortgage LLC v. Johnson
New Mexico Court of Appeals · Decided January 26, 2017

WM Specialty Mortgage LLC v. Johnson

Opinion

This memorandum opinion was not selected for publication in the New Mexico Appellate Reports.

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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO WM SPECIALTY MORTGAGE, LLC, 3 Plaintiff/Counterdefendant-Appellee, v. No. 35,166 GREG JOHNSON, a/k/a GREGORY P. JOHNSON; and OLGA JOHNSON, 8 Defendants/Counterclaimants-Appellants, and HOME LOAN SERVICES, INC., f/k/a NATIONAL CITY MORTGAGE CO., 12 Defendants, and GREG JOHNSON and OLGA JOHNSON, 15 Third-Party Plaintiffs, v. ACCREDITED HOME LENDERS, INC.; NATIONWIDE CREDIT, INC.; BANK OF AMERICA HOME LOANS; WM SPECIALTY MORTGAGE, LLC; NATIONAL CITY MORTGAGE, INC.; FINANCIAL MORTGAGE GROUP, LLC; and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., 6 Third-Party Defendants.

7 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Nan G. Nash, District Judge Montgomery & Andrews, P.A.

10 Seth C. McMillan Santa Fe, NM Quilling, Selander, Lownds Winslett & Moser, P.C.

13 Marcie L. Schout Dallas, TX for Appellee WM Specialty Mortgage, LLC JRSPC, LLC Joshua R. Simms Albuquerque, NM for Appellants and Third-Party Plaintiffs Greg and Olga Johnson 20 MEMORANDUM OPINION VIGIL, Judge.

22 {1} Defendants-Appellants Greg Johnson and Olga Johnson (“Appellants”) seek to appeal from two district court orders: the first one granting summary judgment to Plaintiff-Appellee WM Specialty Mortgage, LLC (“WM”), and Third-Party Defendant Mortgage Electronic Registration Systems, Inc. (“MERS”), [4 RP 1068] and the second one denying Appellants’ motion to dismiss. [4 RP 1070] [DS unnumbered 1] Summary dismissal was proposed for lack of a final order, and we additionally proposed to calendar this case on the merits if a final order was submitted to this Court within the time for filing a memorandum in opposition. On August 29, 2016, WM filed an unopposed motion for extension of time to obtain a final order, and an extension was granted until September 29, 2016. A second request for extension of time was filed by WM, and an extension was granted until October 31, 2016. No further extension requests were made, and a final order has not been filed in this Court.

9 {2} Because no final order has been submitted to this Court, and the time for doing so has expired, we dismiss the appeal.

11 {3} IT IS SO ORDERED.

12 {4} DISMISSED.

13 __________________________________ 14 MICHAEL E. VIGIL, Judge

15 WE CONCUR:

16 ___________________________ JAMES J. WECHSLER, Judge

18 ___________________________ J. MILES HANISEE, Judge

Case-law data current through December 31, 2025. Source: CourtListener bulk data.