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Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum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.
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
3