Curbello v. Vaughn
This text of 417 P.2d 881 (Curbello v. Vaughn) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
OPINION
A basic jurisdictional question, not raised by the parties, is presented by the record on appeal. At the conclusion of the hearing on the merits, the trial court entered its decision which .included .its findings of fact and conclusions of law. No final judgment was .entered therein, carrying into effect the decision of the court; however, the appeal is taken from the decision of the court. >Clearly;.the trial court retains exclusive jurisdiction of the case until the entry of a proper judgment or 'order.- : - ü :■ . ■
Appeals will lie.oirly, from, a formal .written ord.er or judgment signed, by the judge and filed in the case, or entered upon the record of the court and -.signed by the j.udge. . Section 21-2-l(5¡), -(1), N.M. S.A:1953 Comp., Rule 5(1) qf the Supreme Court, Rules; State v. Morris, 69 N.M. 89, 364 P.2d 348; D. M. Miller Co. v. Slease, 30 N.M. 469, 238 P. 828. Compare State ex rel. Reynolds v. McLean, 74 N.M. 178, 392 P.2d 12.
There being no final judgment entered, the appeal is premature and must be dismissed.
It is so ordered.
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Cite This Page — Counsel Stack
417 P.2d 881, 76 N.M. 687, Counsel Stack Legal Research, https://law.counselstack.com/opinion/curbello-v-vaughn-nm-1966.