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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO JOHN R. POLK, Plaintiff-Appellant, v. No. A-1-CA-37510 JPMORGAN CHASE BANK, N.A., d/b/a CHASE BANK a/k/a CHASE BANK USA, N.A., Defendant-Appellee, and MARY BETH EVANS and BRIAN EVANS, Defendants.

APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY C. Shannon Bacon, District Judge Law Offices of John Polk John R. Polk Albuquerque, NM for Appellant Stroock & Stroock & Lavan LLP Arjun P. Rao Daniel J. Yost New York, NY Lewis Roca Rothgerber Christie LLP Ross L. Crown Bobbie J. Collins Albuquerque, NM for Appellee MEMORANDUM OPINION VARGAS, Judge. {1} Appellant John R. Polk appeals from the district court’s order granting Defendant- Appellee Chase Bank USA, N.A.’s motion to dismiss the amended complaint with prejudice. [RP 190] However, this Court issued a notice of proposed disposition, proposing to summarily dismiss for lack of a final order, because it appeared that there remained claims pending in district court against other named Defendants. [CN 3] We therefore proposed to conclude that the order at issue was non-final, that the district court had not yet been divested of jurisdiction, and that Plaintiff’s appeal was premature. [CN 3] In response, Plaintiff has not filed a memorandum in opposition to our proposed disposition. Appellee filed a memorandum in support of our proposed summary disposition. {2} Accordingly, we rely on the reasoning contained in our notice of proposed disposition and we dismiss Plaintiff’s appeal for lack of a final order. {3} IT IS SO ORDERED.

JULIE J. VARGAS, Judge WE CONCUR: JACQUELINE R. MEDINA, Judge MEGAN P. DUFFY, Judge