Burris-Awalt v. Knowles

2010 NMCA 083, 241 P.3d 617, 148 N.M. 616
CourtNew Mexico Court of Appeals
DecidedJuly 28, 2010
Docket29,553
StatusPublished
Cited by16 cases

This text of 2010 NMCA 083 (Burris-Awalt v. Knowles) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Burris-Awalt v. Knowles, 2010 NMCA 083, 241 P.3d 617, 148 N.M. 616 (N.M. Ct. App. 2010).

Opinion

OPINION

BUSTAMANTE, Judge.

{1} This is an appeal from the judgment of the district court denying Respondent’s request to set aside an order appointing guardian. We discuss: (1) whether the district court’s judgment was a final appealable order; (2) whether the procedural provisions of the Kinship Guardianship Act (KGA), NMSA 1978, §§ 40-1 OB-1 to -15 (2001), were complied with prior to entry of the order appointing guardian; and (3) procedures on remand. Finding no compliance with the KGA, we reverse and remand with instructions.

{2} The parties also briefed whether the district court applied the correct legal standard in reviewing Respondent’s motion to set aside guardianship and whether there was sufficient evidence to support the district court’s decision. Given our resolution of the ease we do not address these issues.

BACKGROUND

{3} Kaitlynn W. (Child) was born to Tierra W. (Mother) and Eugene K. (Father) on January 26, 2001. Child’s maternal grandmother (Grandmother) filed a petition seeking guardianship of Child on November 26, 2002. "While Grandmother’s petition was pending, Mother and Father requested that Child, who had been residing with Grandmother in Oklahoma, be returned to their custody. The district court agreed and ordered Grandmother to return Child to Mother and Father in New Mexico pending a final hearing on the matter.

{4} Grandmother’s petition seeking guardianship was never ruled upon, as the matter was resolved when Mother, Father, and Grandmother instead reached a settlement agreement on May 8, 2003. The district court approved the settlement and ordered that it be implemented. Pursuant to the settlement agreement, Mother and Father were to remain custodians and primary caretakers of Child, while Grandmother would have reasonable visitation rights. A parenting coordinator was appointed in accord with the settlement agreement. Shortly after the settlement agreement, Mother and Father separated and Mother increasingly began to leave Child in the care of Grandmother, in violation of the settlement agreement. Father, on the other hand, continued to maintain parental responsibility and time-sharing with Child during this time.

{5} On September 7, 2006, the district court entered an order appointing guardian naming Grandmother as guardian of Child (2006 Order). The order also reserved “liberal” visitation rights for Father, but limited Mother’s visitation rights to two weekends per month. There was no new petition for guardianship filed prior to entry of the 2006 Order, nor was there notice to the parties or a hearing on the matter, as required by the KGA. Sections 40-10B-5 to -6. The 2006 Order purports to be based on the recommendations of the parenting coordinator. However, because it was summer and school was out, the parenting coordinator had in fact recommended that Child reside with Father during the week and have only weekend visitations with Grandmother. It should also be noted that neither the settlement agreement, nor the recommendations of the guardian ad litem discuss appointment of a guardian for Child.

{6} Father filed a motion to set aside guardianship, which was denied from the bench on April 1, 2009, following a hearing by the district court. The district court issued a written order on April 3, 2009, which contained a list of findings reflecting most but not all of its oral April 1, 2009, decision. Grandmother argues that the written order was not final because it did not contain all of the same findings as announced by the district court at the hearing. Curiously, though the district court requested proposed findings of fact and conclusions of law from the parties, it entered its order before the parties were scheduled to file their documents. The record proper seems to reflect that the district court did not reject or accept any of the requested findings and conclusions filed by the parties.

DISCUSSION

Finality

{7} Grandmother argues that the April 3, 2009 order appealed from is not a final, appealable order. The basis for Grandmother’s argument is that the district court made several oral findings during a hearing the April 1, 2009, some of which were not subsequently reduced to writing and included in the April 3, 2009 order.

{8} Typically, a party to a civil action may appeal only final orders or judgments. NMSA 1978, § 39-3-2 (1966). A district court’s decision is generally not final for the purposes of appeal if it contains neither “decretal language nor provisions directing the entry of judgment.” Khalsa v. Levinson, 1998-NMCA-110, ¶ 2, 125 N.M. 680, 964 P.2d 844. Additionally, the general rule is that “an order or judgment is not considered final unless all issues of law and fact have been determined and the case disposed of by the [district] court to the fullest extent possible.” Kelly Inn No. 102, Inc. v. Kapnison, 113 N.M. 231, 236, 824 P.2d 1033, 1038 (1992) (internal quotation marks and citation omitted). This policy is grounded in the desire to discourage “piecemeal appeals” that frustrate the efficiency of the judicial process. See Banquest/First Nat’l Bank v. LMT, Inc., 105 N.M. 583, 585, 734 P.2d 1266, 1268 (1987) (discussing the policy against piecemeal appeals).

{9} However, New Mexico has recognized a need to balance judicial economy with the “equally important policy of facilitating meaningful appellate review.” Kelly Inn No. 102, Inc., 113 N.M. at 240, 824 P.2d at 1042. Placing too much emphasis on judicial economy above all else poses a “danger of denying justice by delay.” Dickinson v. Petroleum Conversion Corp., 338 U.S. 507, 511, 70 S.Ct. 322, 94 L.Ed. 299 (1950). Thus, New Mexico courts have acknowledged that certain circumstances counsel deviation from the general rule, and “the term ‘finality’ is to be given a practical, rather than a technical, construction.” Kelly Inn No. 102, Inc., 113 N.M. at 236, 824 P.2d at 1038 (citation omitted).

{10} Grandmother’s argument also touches on a common concern in finality analysis, which is that allowing an appeal based on the notion of “practical finality” may render the appellate record incomplete. This, however, is not an issue here. In Peterson v. Peterson, 98 N.M. 744, 652 P.2d 1195 (1982), the Court recognized that while all of a district court’s findings of fact and conclusions of law should typically be reduced to writing and entered along with the final order, failure to do so is not fatal if the findings and conclusions are part of the transcript on appeal. Id. at 746, 652 P.2d at 1197. In such situations, “little would be accomplished, other than incurring additional delay and further expense.” Id. Here, the appellate record is sufficient to allow meaningful review.

{11} While the April 3, 2009 order is certainly flawed in some ways, it is sufficiently final for the purposes of appeal. First, while the order lacks decretal language — a factor that can sometimes be indicative of a non-final order — the absence of this language is not inherently fatal.

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Bluebook (online)
2010 NMCA 083, 241 P.3d 617, 148 N.M. 616, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burris-awalt-v-knowles-nmctapp-2010.