Legal Opinion
Baca v. Atchison, Topeka & Santa Fe Railway Corp.
New Mexico Court of Appeals
Decided May 31, 1996No. 16336PublishedCited by 17 opinions
1Opinion of the Court
OPINION
HARTZ, Judge.
1. As a general rule, when a judgment is vacated by an order that leaves the case unresolved, the order is not a final order and is therefore not appealable as of right. Hall v. Hall, 115 N.M. 384, 851 P.2d 5 06 (Ct.App.1993). The federal courts follow the same general rule but have adopted an exception that authorizes appeals when the trial court lacked jurisdiction to issue the order vacating the judgment. The propriety of the appeal before us depends upon whether we recognize this jurisdictional exception. We are not persuaded by the federal authorities and dismiss the…
2Cases cited17 opinions
- Phillips v. NegleySupreme Court of the United States · 1886
- Stradley v. CortezCourt of Appeals for the Third Circuit · 1975
- Eugene McDowell v. Dynamics Corporation of AmericaCourt of Appeals for the Sixth Circuit · 1991
- Edward O. Thorp v. John Scarne and Simon & Schuster, Inc.Court of Appeals for the Second Circuit · 1979
- Harold McKelvey v. At & T Technologies, Inc.Court of Appeals for the Eleventh Circuit · 1986
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3Cited by17 opinions
- Wiechman v. HuddlestonSupreme Court of Kansas · 2016
- State v. ApodacaNew Mexico Court of Appeals · 1997
- Asset Acceptance, LLC v. MoberlyKentucky Supreme Court · 2007
- Bachelor Gulch Operating Co. v. Board of County CommissionersColorado Court of Appeals · 2013
- City of Sunland Park v. Paseo Del Norte Ltd. PartnershipNew Mexico Court of Appeals · 1999
12 more not listed; retrieve them via the Exa API.