Tularosa Community Ditch v. Davalos ( 2010 )

1 This memorandum opinion was not selected for publication in the New Mexico Reports. Please 2 see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. 3 Please also note that this electronic memorandum opinion may contain computer-generated 4 errors or other deviations from the official paper version filed by the Court of Appeals and does 5 not include the filing date. 6 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 7 THE TULAROSA COMMUNITY 8 DITCH, a Corporation, 9 Plaintiff-Appellee, 10 v. NO. 29,909 11 MICHAEL DAVALOS, JR., 12 Defendant-Appellant. 13 APPEAL FROM THE DISTRICT COURT OF OTERO COUNTY 14 James Waylon Counts, District Judge 15 A.J. Olsen 16 Roswell, NM 17 for Appellee 18 Sheehan & Sheehan, P.A. 19 Susan C. Kery 20 Albuquerque, NM 21 for Appellant 22 MEMORANDUM OPINION 1 CASTILLO, Judge. 2 Defendant Michael Davalos, Jr. appeals the district court’s denial of his motion 3 to reconsider nunc pro tunc. On August 5, 2010, this Court filed a notice of proposed 4 summary disposition proposing to dismiss the appeal for lack of a final order. On 5 August 30, 2010, Defendant filed a memorandum in support of proposed summary 6 disposition, which requests dismissal of the appeal and remand to the district court for 7 further proceedings. 8 Accordingly, for the reasons set forth in our notice of proposed summary 9 disposition, we dismiss Defendant’s appeal and remand to the district court for further 10 proceedings. Mandate shall issue forthwith. 11 IT IS SO ORDERED. 12 ________________________________ 13 CELIA FOY CASTILLO, Judge 14 WE CONCUR: 15 __________________________________ 16 LINDA M. VANZI, Judge 2 1 __________________________________ 2 TIMOTHY L. GARCIA, Judge 3