Opinion
No. 35,166
01-26-2017
WM SPECIALTY MORTGAGE, LLC, Plaintiff/Counterdefendant-Appellee, v. GREG JOHNSON, a/k/a GREGORY P. JOHNSON; and OLGA JOHNSON, Defendants/Counterclaimants-Appellants, and HOME LOAN SERVICES, INC., f/k/a NATIONAL CITY MORTGAGE CO., Defendants, and GREG JOHNSON and OLGA JOHNSON, Third-Party Plaintiffs, v. ACCREDITED HOME LENDERS, INC.; NATIONWIDE CREDIT, INC.; BANK OF AMERICA HOME LOANS; WM SPECIALTY MORTGAGE, LLC; NATIONAL CITY MORTGAGE, INC.; FINANCIAL MORTGAGE GROUP, LLC; and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Third-Party Defendants.
Montgomery & Andrews, P.A. Seth C. McMillan Santa Fe, NM Quilling, Selander, Lownds Winslett & Moser, P.C. Marcie L. Schout Dallas, TX for Appellee WM Specialty Mortgage, LLC JRSPC, LLC Joshua R. Simms Albuquerque, NM for Appellants and Third-Party Plaintiffs Greg and Olga Johnson
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY
Nan G. Nash, District Judge Montgomery & Andrews, P.A.
Seth C. McMillan
Santa Fe, NM Quilling, Selander, Lownds Winslett & Moser, P.C.
Marcie L. Schout
Dallas, TX for Appellee WM Specialty Mortgage, LLC JRSPC, LLC
Joshua R. Simms
Albuquerque, NM for Appellants and Third-Party Plaintiffs Greg and Olga Johnson
MEMORANDUM OPINION
VIGIL, Judge. {1} Defendants-Appellants Greg Johnson and Olga Johnson ("Appellants") seek to appeal from two district court orders: the first one granting summary judgment to Plaintiff-Appellee WM Specialty Mortgage, LLC ("WM"), and Third-Party Defendant Mortgage Electronic Registration Systems, Inc. ("MERS"), and the second one denying Appellants' motion to dismiss. [DS unnumbered 1] Summary dismissal was proposed for lack of a final order, and we additionally proposed to calendar this case on the merits if a final order was submitted to this Court within the time for filing a memorandum in opposition. On August 29, 2016, WM filed an unopposed motion for extension of time to obtain a final order, and an extension was granted until September 29, 2016. A second request for extension of time was filed by WM, and an extension was granted until October 31, 2016. No further extension requests were made, and a final order has not been filed in this Court. {2} Because no final order has been submitted to this Court, and the time for doing so has expired, we dismiss the appeal.
{3} IT IS SO ORDERED.
{4} DISMISSED.
/s/ _________
MICHAEL E. VIGIL, Judge
WE CONCUR:
/s/ _________
JAMES J. WECHSLER, Judge /s/ _________
J. MILES HANISEE, Judge