Opinion
No. A-1-CA-37510
06-18-2019
JOHN R. POLK, Plaintiff-Appellant, v. JPMORGAN CHASE BANK, N.A., d/b/a CHASE BANK a/k/a CHASE BANK USA, N.A., Defendant-Appellee, and MARY BETH EVANS and BRIAN EVANS, Defendants.
Law Offices of John Polk John R. Polk Albuquerque, NM for Appellant Stroock & Stroock & Lavan LLP Arjun P. Rao Daniel J. Yost New York, NY Lewis Roca Rothgerber Christie LLP Ross L. Crown Bobbie J. Collins Albuquerque, NM for Appellee
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APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY
C. Shannon Bacon, District Judge
Law Offices of John Polk
John R. Polk
Albuquerque, NM
for Appellant
Stroock & Stroock & Lavan LLP
Arjun P. Rao
Daniel J. Yost
New York, NY
Lewis Roca Rothgerber Christie LLP
Ross L. Crown
Bobbie J. Collins
Albuquerque, NM
for Appellee
MEMORANDUM OPINION
VARGAS, Judge.
{1} Appellant John R. Polk appeals from the district court's order granting Defendant-Appellee Chase Bank USA, N.A.'s motion to dismiss the amended complaint with prejudice. [RP 190] However, this Court issued a notice of proposed disposition, proposing to summarily dismiss for lack of a final order, because it appeared that there remained claims pending in district court against other named Defendants. [CN 3] We therefore proposed to conclude that the order at issue was non-final, that the district court had not yet been divested of jurisdiction, and that Plaintiff's appeal was premature. [CN 3] In response, Plaintiff has not filed a memorandum in opposition to our proposed disposition. Appellee filed a memorandum in support of our proposed summary disposition.
{2} Accordingly, we rely on the reasoning contained in our notice of proposed disposition and we dismiss Plaintiff's appeal for lack of a final order.
{3} IT IS SO ORDERED.
JULIE J. VARGAS, Judge
WE CONCUR:
JACQUELINE R. MEDINA, Judge
MEGAN P. DUFFY, Judge