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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO PATRICK D. TAYS, 3 Plaintiff-Appellant, v. No. 35,973 DAVID F. METLER III, Personal Representative of the ESTATE OF S. CRAIG TAYS, Deceased, 7 Defendants-Appellees.

8 APPEAL FROM THE DISTRICT COURT OF OTERO COUNTY Angie K. Schneider, District Judge Patrick D. Tays Ruidoso, NM Pro se Appellant Sutin, Thayer, & Browne, APC Lynn E. Mostoller Katharine C. Downey Albuquerque, NM for Appellee 18 MEMORANDUM OPINION GARCIA, Judge.

1 {1} Self-represented Plaintiff Patrick D. Tays appeals from the district court’s order, entered on September 8, 2016. This Court issued a notice of proposed disposition, proposing to dismiss the appeal for lack of a final order. Defendants S. Craig Tays and David F. Metler III, personal representative to S. Craig Tays, filed a memorandum in support of our proposed summary disposition. In addition to agreeing with this Court’s proposed disposition on the question of finality, Defendants ask this Court to dismiss the appeal based on principles of collateral estoppel and to limit further litigation by Plaintiff on the matters at issue in this case. Plaintiff has not filed a memorandum in opposition, and the time within which he was permitted to do so has expired. Because we do not have jurisdiction, we decline to rule on the additional issues Defendants raise.

12 {2} Accordingly and for the reasons stated in our notice of proposed disposition, we dismiss for lack of a final order.

14 {3} IT IS SO ORDERED.

15 ________________________________ 16 TIMOTHY L. GARCIA, Judge WE CONCUR:

18 _______________________________ LINDA M. VANZI, Chief Judge

1 _______________________________ JONATHAN B. SUTIN, Judge