Sundial Press v. City of Albuquerque

OPINION

CHAVEZ, Judge.

Plaintiffs appeal from a district court judgment, pursuant to SCRA 1986, 1-054(C)(1) dismissing one of three counts in plaintiffs’ complaint. Plaintiffs raise three issues on appeal, including the question of whether the dismissal of count II is a final judgment. We find the issue of the finality of the judgment dispositive and do not address the remaining issues. We hold that the trial court erred in certifying this case for immediate appeal, and reverse and remand for further proceedings.

PLAINTIFFS’ CLAIMS

In 1977, defendant City of Albuquerque (City) passed an ordinance…