WM Specialty Mortgage LLC v. Johnson

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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

2 WM SPECIALTY MORTGAGE, LLC,

3 Plaintiff/Counterdefendant-Appellee,

4 v. No. 35,166

5 GREG JOHNSON, a/k/a 6 GREGORY P. JOHNSON; and 7 OLGA JOHNSON,

8 Defendants/Counterclaimants-Appellants,

9 and

10 HOME LOAN SERVICES, INC., 11 f/k/a NATIONAL CITY MORTGAGE CO.,

12 Defendants,

13 and

14 GREG JOHNSON and OLGA JOHNSON,

15 Third-Party Plaintiffs,

16 v.

17 ACCREDITED HOME LENDERS, INC.; 18 NATIONWIDE CREDIT, INC.; 19 BANK OF AMERICA HOME LOANS;  1 WM SPECIALTY MORTGAGE, LLC; 2 NATIONAL CITY MORTGAGE, INC.; 3 FINANCIAL MORTGAGE GROUP, LLC; 4 and MORTGAGE ELECTRONIC 5 REGISTRATION SYSTEMS, INC., 6 Third-Party Defendants.

7 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY 8 Nan G. Nash, District Judge

9 Montgomery & Andrews, P.A. 10 Seth C. McMillan 11 Santa Fe, NM

12 Quilling, Selander, Lownds Winslett & Moser, P.C. 13 Marcie L. Schout 14 Dallas, TX

15 for Appellee WM Specialty Mortgage, LLC

16 JRSPC, LLC 17 Joshua R. Simms 18 Albuquerque, NM

19 for Appellants and Third-Party Plaintiffs Greg and Olga Johnson

20 MEMORANDUM OPINION

21 VIGIL, Judge.

22 {1} Defendants-Appellants Greg Johnson and Olga Johnson (“Appellants”) seek to

23 appeal from two district court orders: the first one granting summary judgment to

24 Plaintiff-Appellee WM Specialty Mortgage, LLC (“WM”), and Third-Party Defendant

25 Mortgage Electronic Registration Systems, Inc. (“MERS”), [4 RP 1068] and the

26 second one denying Appellants’ motion to dismiss. [4 RP 1070] [DS unnumbered 1]

2  1 Summary dismissal was proposed for lack of a final order, and we additionally

2 proposed to calendar this case on the merits if a final order was submitted to this Court

3 within the time for filing a memorandum in opposition. On August 29, 2016, WM

4 filed an unopposed motion for extension of time to obtain a final order, and an

5 extension was granted until September 29, 2016. A second request for extension of

6 time was filed by WM, and an extension was granted until October 31, 2016. No

7 further extension requests were made, and a final order has not been filed in this

8 Court.

9 {2} Because no final order has been submitted to this Court, and the time for doing

10 so has expired, we dismiss the appeal.

11 {3} IT IS SO ORDERED.

12 {4} DISMISSED.

13 __________________________________ 14 MICHAEL E. VIGIL, Judge

15 WE CONCUR:

16 ___________________________ 17 JAMES J. WECHSLER, Judge

18 ___________________________ 19 J. MILES HANISEE, Judge

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