Weisner v. San Juan County ( 2012 )

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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
2 KENT M. WEISNER,
3 Plaintiff-Appellant,
4 v. NO. 31,832
5 SAN JUAN COUNTY NM BOARD
6 OF COUNTY COMMISSIONERS and
7 OFFICE OF COUNTY CLERK,
8 Defendant-Appellee.
9 APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY
10 Judge Thomas J. Hynes, District Judge
11 Kent M.Weisner
12 Kirtland, NM
13 Pro se Appellant
14 Douglas A. Echols
15 Aztec, NM
16 for Appellee
17 MEMORANDUM OPINION
18 GARCIA, Judge.
1 Plaintiff is appealing, pro se, from a district court order dismissing his
2 complaint. We issued a calendar notice proposing to dismiss. Plaintiff has responded
3 with a memorandum in opposition. Not persuaded by Plaintiff’s arguments, we
4 dismiss the appeal.
5 Plaintiff is appealing from a district court order dismissing his complaint. The
6 judgment was filed on December 1, 2011. [RP 63] On December 7, 2011, Plaintiff
7 filed a motion to reconsider that order. [RP 64] Plaintiff filed a notice of appeal from
8 the underlying order on December 1, 2011. [RP 67] There is no indication in the
9 record proper that the district court ruled on Plaintiff’s motion to reconsider, and
10 Plaintiff’s memorandum in opposition indicates that no ruling has been entered. The
11 district court was required to rule on the post-judgment motion and it was not deemed
12 denied by the passage of time. See Rule 1-059(E) NMRA; Albuquerque Redi-Mix,
13 Inc. v. Scottsdale Ins. Co., 2007-NMSC-051, ¶ 15, 142 N.M. 527, 168 P.3d 9914 (holding that a Rule 1-059(E) motion is not subject to automatic denial). Thus, we
15 conclude that Plaintiff’s appeal is premature without an order denying his motion. See
16 generally Kelly Inn No. 102, Inc. v. Kapnison, 113 N.M. 231, 236, 824 P.2d 1033,
17 1038 (1992) (discussing principles of finality).
18 For these reasons, we dismiss Plaintiff’s appeal as premature.
19 IT IS SO ORDERED.
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1 ________________________________
2 TIMOTHY L. GARCIA, Judge
3 WE CONCUR:
4 _______________________________
5 MICHAEL E. VIGIL, Judge
6 _______________________________
7 LINDA M. VANZI, Judge
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