Diaz v. Joe
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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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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 CARLOS DIAZ, 3 Plaintiff-Apellant, 4 v. NO. 34,369 5 ORVAL CRUZ JOE, 6 Defendant-Appellee. 7 APPEAL FROM THE DISTRICT COURT OF VALENCIA COUNTY 8 James L. Sanchez, District Judge 9 Carlos L. Diaz 10 Albuquerque, NM 11 Pro Se Appellant 12 John T. Fitzpatrick 13 Albuquerque, NM 14 for Appellee 15 MEMORANDUM OPINION 16 KENNEDY, Judge. 17 {1} Plaintiff Carlos Diaz (Plaintiff), personal representative of his deceased brother, 1 appeals from the district court’s judgment finding the existence of an equitable real 2 estate contract whereby Defendant agreed to purchase real property from the brother 3 of Plaintiff. [DS 1; RP 113] This Court issued a notice proposing to dismiss Plaintiff’s 4 appeal for lack of a final order. Plaintiff did not file a memorandum in opposition but 5 instead filed a motion requesting an indefinite extension of time until the district court 6 enters its final order. Plaintiff’s motion is DENIED. Because the district court has not 7 entered a final order, we dismiss Plaintiff’s appeal for the reasons provided in our 8 notice. 9 {2} IT IS SO ORDERED. 10 11 12 WE CONCUR: _______________________________ RODERICK T. KENNEDY, Judge 13 ___________________________________ 14 TIMOTHY L. GARCIA, Judge 15 ___________________________________ 16 M. MONICA ZAMORA, Judge 2
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