A-1-CA-37510 | Omnilex

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1 	IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
2 JOHN R. POLK,
3 	Plaintiff-Appellant,
4 v. 	No. A-1-CA-37510
5 JPMORGAN CHASE BANK, N.A.,
6 d/b/a CHASE BANK a/k/a CHASE
7 BANK USA, N.A.,
8 	Defendant-Appellee,
9 .and
10 MARY BETH EVANS and BRIAN
11 	EVANS,
12 	Defendants.
13 	APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY
14 C. Shannon Bacon, District Judge
15 	Law Offices of John Polk
16 John R. Polk
17 Albuquerque, NM
18 	for Appellant
19 	Stroock & Stroock & Lavan LLP
20 Arjun P. Rao
21 	Daniel J. Yost
22 New York, NY
23 	Lewis Roca Rothgerber Christie LLP
24 Ross L. Crown
25 	Bobbie J. Collins
26 Albuquerque, NM
27 for Appellee
Court of Appeals of New Mexico
Filed 6/18/2019 9:30 AM

1 	MEMORANDUM OPINION
2 VARGAS, Judge.
3 	{t} 	Appellant John R. Polk appeals from the district court's order granting
4 Defendant-Appellee Chase Bank USA, N.A.'s motion to dismiss the amended
5 complaint with prejudice. [RP 190] However, this Court issued a notice of proposed
6 disposition, proposing to summarily dismiss for lack of a final order, because it
7 appeared that there remained claims pending in district court against other named
8 Defendants. [CN 3] We therefore proposed to conclude that the order at issue was
9 non-final, that the district court had not yet been divested of jurisdiction, and that
10 Plaintiffs appeal was premature. [CN 3] In response, Plaintiff has not filed a
11 	memorandum 	in 	opposition 	to 	our 	proposed 	disposition. 	Appellee 	filed 	a
12 memorandum in support of our proposed summary disposition.
13 	{2} 	Accordingly, we rely on the reasoning contained in our notice of proposed
14 disposition and we dismiss Plaintiffs appeal for lack of a final order.
15 	{3}
16
17
IT IS SO ORDERED.
2

1 WECONCUR:
3

1 printed pages contain little extracted OCR body text; searchable legal-body completeness has not been established for those pages.

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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
Court of Appeals of New Mexico

JOHN R. POLK, Wie 9:30 AM
Plaintiff-Appellant, . wn LE :
Mark Reynolds
Vv. No. A-1-CA-37510

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.

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

1 	MEMORANDUM OPINION
2 VARGAS, Judge.
3 	{t} 	Appellant John R. Polk appeals from the district court's order granting
4 Defendant-Appellee Chase Bank USA, N.A.'s motion to dismiss the amended
5 complaint with prejudice. [RP 190] However, this Court issued a notice of proposed
6 disposition, proposing to summarily dismiss for lack of a final order, because it
7 appeared that there remained claims pending in district court against other named
8 Defendants. [CN 3] We therefore proposed to conclude that the order at issue was
9 non-final, that the district court had not yet been divested of jurisdiction, and that
10 Plaintiffs appeal was premature. [CN 3] In response, Plaintiff has not filed a
11 	memorandum 	in 	opposition 	to 	our 	proposed 	disposition. 	Appellee 	filed 	a
12 memorandum in support of our proposed summary disposition.
13 	{2} 	Accordingly, we rely on the reasoning contained in our notice of proposed
14 disposition and we dismiss Plaintiffs appeal for lack of a final order.
15 	{3}
16
17
IT IS SO ORDERED.
2

WE CONCUR:

ACQUELINE R. MEDINA, Judge

spe POLL
MEGAN P. DUFFY, Guage

June 18, 2019- John R. Polk v. JPMorgan Chase Bank, No. A-1-CA-37510

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