Armstrong v. Elkins

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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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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 RONALD A. ARMSTRONG and 3 AMERICA’S BEST STONE, LLC, 4 a New Mexico Limited Liability Company, 5 Plaintiffs-Appellees, 6 v. No. 34,434 7 JACK L. ELKINS, II, a/k/a 8 JACKIE ELKINS, a/k/a JACK L. ELKINS, 9 Defendant-Appellant. 10 APPEAL FROM THE DISTRICT COURT OF MCKINLEY COUNTY 11 Grant l. Foutz, District Judge 12 Mason & Isaacson, P.A. 13 Thomas Lynn Isaacson 14 Gallup, NM 15 for Appellees 16 17 18 19 Business Law Southwest, LLC Donald F. Kochersberger III Alicia M. LaPado Albuquerque, NM 20 Harris Law, P.C. 21 Don F. Harris 22 Albuquerque, NM 1 Albuquerque Business Law, P.C. 2 Jeremy J. Theoret 3 Albuquerque, NM 4 Joshua R. Sims, P.C. 5 Joshua R. Sims 6 Albuquerque, NM 7 for Appellants 8 MEMORANDUM OPINION 9 GARCIA, Judge. 10 {1} Summary dismissal for a non-final order was proposed for the reasons stated 11 in the notice of proposed disposition. No memorandum opposing summary 12 dismissal has been filed, and the time for doing so has expired. 13 {2} The appeal is dismissed for lack a of final order and remanded to the district 14 court for further proceedings. 15 {3} IT IS SO ORDERED. 16 17 TIMOTHY L. GARCIA, Judge 18 WE CONCUR: 19 20 JONATHAN B. SUTIN, Judge 2 1 2 M. MONICA ZAMORA, Judge 3

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