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Polk v. JPMorgan Chase Bank

COURT OF APPEALS OF THE STATE OF NEW MEXICO
Jun 18, 2019
No. A-1-CA-37510 (N.M. Ct. App. Jun. 18, 2019)

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


This decision of the New Mexico Court of Appeals was not selected for publication in the New Mexico Appellate Reports. Refer to Rule 12-405 NMRA for restrictions on the citation of unpublished decisions. Electronic decisions may contain computer-generated errors or other deviations from the official version filed by the Court of Appeals.

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


Summaries of

Polk v. JPMorgan Chase Bank

COURT OF APPEALS OF THE STATE OF NEW MEXICO
Jun 18, 2019
No. A-1-CA-37510 (N.M. Ct. App. Jun. 18, 2019)
Case details for

Polk v. JPMorgan Chase Bank

Case Details

Full title:JOHN R. POLK, Plaintiff-Appellant, v. JPMORGAN CHASE BANK, N.A., d/b/a…

Court:COURT OF APPEALS OF THE STATE OF NEW MEXICO

Date published: Jun 18, 2019

Citations

No. A-1-CA-37510 (N.M. Ct. App. Jun. 18, 2019)