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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
2 PATRICK D. TAYS,
3 Plaintiff-Appellant,
4 v. No. 35,973
5 DAVID F. METLER III, Personal Representative
6 of the ESTATE OF S. CRAIG TAYS, Deceased,
7 Defendants-Appellees.
8 APPEAL FROM THE DISTRICT COURT OF OTERO COUNTY
9 Angie K. Schneider, District Judge
10 Patrick D. Tays
11 Ruidoso, NM
12 Pro se Appellant
13 Sutin, Thayer, & Browne, APC
14 Lynn E. Mostoller
15 Katharine C. Downey
16 Albuquerque, NM
17 for Appellee
18 MEMORANDUM OPINION
19 GARCIA, Judge.
1 {1} Self-represented Plaintiff Patrick D. Tays appeals from the district court’s order,
2 entered on September 8, 2016. This Court issued a notice of proposed disposition,
3 proposing to dismiss the appeal for lack of a final order. Defendants S. Craig Tays and
4 David F. Metler III, personal representative to S. Craig Tays, filed a memorandum in
5 support of our proposed summary disposition. In addition to agreeing with this
6 Court’s proposed disposition on the question of finality, Defendants ask this Court to
7 dismiss the appeal based on principles of collateral estoppel and to limit further
8 litigation by Plaintiff on the matters at issue in this case. Plaintiff has not filed a
9 memorandum in opposition, and the time within which he was permitted to do so has
10 expired. Because we do not have jurisdiction, we decline to rule on the additional
11 issues Defendants raise.
12 {2} Accordingly and for the reasons stated in our notice of proposed disposition,
13 we dismiss for lack of a final order.
14 {3} IT IS SO ORDERED.
15 ________________________________
16 TIMOTHY L. GARCIA, Judge
17 WE CONCUR:
18 _______________________________
19 LINDA M. VANZI, Chief Judge
2
1 _______________________________
2 JONATHAN B. SUTIN, Judge
3