WM Specialty Mortgage LLC v. Johnson ( 2017 )

This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. 1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 2 WM SPECIALTY MORTGAGE, LLC, 3 Plaintiff/Counterdefendant-Appellee, 4 v. No. 35,166 5 GREG JOHNSON, a/k/a 6 GREGORY P. JOHNSON; and 7 OLGA JOHNSON, 8 Defendants/Counterclaimants-Appellants, 9 and 10 HOME LOAN SERVICES, INC., 11 f/k/a NATIONAL CITY MORTGAGE CO., 12 Defendants, 13 and 14 GREG JOHNSON and OLGA JOHNSON, 15 Third-Party Plaintiffs, 16 v. 17 ACCREDITED HOME LENDERS, INC.; 18 NATIONWIDE CREDIT, INC.; 19 BANK OF AMERICA HOME LOANS; 1 WM SPECIALTY MORTGAGE, LLC; 2 NATIONAL CITY MORTGAGE, INC.; 3 FINANCIAL MORTGAGE GROUP, LLC; 4 and MORTGAGE ELECTRONIC 5 REGISTRATION SYSTEMS, INC., 6 Third-Party Defendants. 7 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY 8 Nan G. Nash, District Judge 9 Montgomery & Andrews, P.A. 10 Seth C. McMillan 11 Santa Fe, NM 12 Quilling, Selander, Lownds Winslett & Moser, P.C. 13 Marcie L. Schout 14 Dallas, TX 15 for Appellee WM Specialty Mortgage, LLC 16 JRSPC, LLC 17 Joshua R. Simms 18 Albuquerque, NM 19 for Appellants and Third-Party Plaintiffs Greg and Olga Johnson 20 MEMORANDUM OPINION 21 VIGIL, Judge. 22 {1} Defendants-Appellants Greg Johnson and Olga Johnson (“Appellants”) seek to 23 appeal from two district court orders: the first one granting summary judgment to 24 Plaintiff-Appellee WM Specialty Mortgage, LLC (“WM”), and Third-Party Defendant 25 Mortgage Electronic Registration Systems, Inc. (“MERS”), [4 RP 1068] and the 26 second one denying Appellants’ motion to dismiss. [4 RP 1070] [DS unnumbered 1] 2 1 Summary dismissal was proposed for lack of a final order, and we additionally 2 proposed to calendar this case on the merits if a final order was submitted to this Court 3 within the time for filing a memorandum in opposition. On August 29, 2016, WM 4 filed an unopposed motion for extension of time to obtain a final order, and an 5 extension was granted until September 29, 2016. A second request for extension of 6 time was filed by WM, and an extension was granted until October 31, 2016. No 7 further extension requests were made, and a final order has not been filed in this 8 Court. 9 {2} Because no final order has been submitted to this Court, and the time for doing 10 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 ___________________________ 17 JAMES J. WECHSLER, Judge 18 ___________________________ 19 J. MILES HANISEE, Judge 3