DiIaconi v. New Cal Corp.

I dissent.

The majority opinion states:

The trial court dismissed the plaintiffs-minority shareholders’ derivative action and request for liquidation, brought pursuant to § 53-16-16, N.M.S.A.1978.

They appeal; we affirm.

The trial court entered a “Decision” in which it made findings of fact and conclusions of law. The conclusions of law read:

1. The restraining order heretofore entered will be dissolved.

2. The complaint of plaintiffs shall be dismissed.

3. Each of the parties should bear his own costs.

Plaintiffs appealed from the Decision, Findings of Fact and Conclusions of Law. No final judgment…