Southern Pacific Company v. Timberlake

OPINION

TACKETT, Justice.

This is a condemnation proceeding in the District Court of Dona Ana County, New Mexico, involving land situate near Anapra, New Mexico. A prior appeal to this court (No. 8004), from Judge Scoggin’s refusal to dismiss the case pursuant to Rule 41(e), Rules of Civil Procedure (§ 21-1-1 (41) (e), N.M.S.A., 1953 Comp., 1967 Pocket Supp.) was dismissed on the ground that no final judgment had been entered. Appellant Timberlake, the land owner, now appeals from an “Order Granting Motion for Summary Judgment in Affirmation of Compromise Settlement and Disposing of Proceeding”…