Legal Opinion

Collier v. Pennington

New Mexico Court of Appeals

Decided March 4, 2003No. 23,149PublishedCited by 6 opinions

1Opinion of the Court

OPINION

CASTILLO, Judge.

{1} In this case, we are faced with an issue of first impression concerning the finality for purposes of appeal of a district court’s order that refers some, but not all, of the causes of action between the parties to arbitration. We hold that such orders may be appealed as of right if they meet the usual tests for finality of orders. Applying that holding to this case, we hold that the order is not final. Therefore, we dismiss the appeal as premature.

BACKGROUND

{2} In late 1999, William John and Irene Collier (Homeowners) entered into a contract with Enchanted Log Homes…

2Cases cited9 opinions

  1. State v. OgdenNew Mexico Supreme Court · 1994
  2. Horsey v. HorseyCourt of Appeals of Maryland · 1993
  3. Britt v. Phoenix Indemnity InsuranceNew Mexico Supreme Court · 1995
  4. Maietta v. GreenfieldCourt of Appeals of Maryland · 1972
  5. Clark County v. Empire Electric, Inc.Nevada Supreme Court · 1980

4 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. K.R. Swerdfeger Construction, Inc. v. Board of RegentsNew Mexico Court of Appeals · 2006
  2. County of Hawaii v. UNIDEV, LLC.Hawaii Supreme Court · 2013
  3. State v. Candy L.New Mexico Court of Appeals · 2003
  4. N.M. Dep't of Health v. MaestasNew Mexico Court of Appeals · 2023
  5. Bankert v. 10 Roads Express, LLCNew Mexico Court of Appeals · 2025

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API