{
  "id": 5359420,
  "name": "Dorothy GRAY, as next friend of Peggy Jo Fiint, a/k/a Peggy Jo Flint Ostrom, Plaintiff-Appellant, v. Jack Warren FLINT, Defendant-Appellee",
  "name_abbreviation": "Gray ex rel. Flint v. Flint",
  "decision_date": "1970-02-20",
  "docket_number": "No. 8890",
  "first_page": "222",
  "last_page": "223",
  "citations": [
    {
      "type": "official",
      "cite": "81 N.M. 222"
    },
    {
      "type": "parallel",
      "cite": "465 P.2d 279"
    }
  ],
  "court": {
    "name_abbreviation": "N.M.",
    "id": 8835,
    "name": "Supreme Court of New Mexico"
  },
  "jurisdiction": {
    "id": 52,
    "name_long": "New Mexico",
    "name": "N.M."
  },
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    {
      "cite": "202 F.2d 525",
      "category": "reporters:federal",
      "reporter": "F.2d",
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        1274595
      ],
      "year": 1953,
      "opinion_index": 0,
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        "/f2d/202/0525-01"
      ]
    },
    {
      "cite": "61 N.M. 222",
      "category": "reporters:state",
      "reporter": "N.M.",
      "case_ids": [
        5318088
      ],
      "weight": 2,
      "year": 1956,
      "opinion_index": 0,
      "case_paths": [
        "/nm/61/0222-01"
      ]
    },
    {
      "cite": "78 N.M. 188",
      "category": "reporters:state",
      "reporter": "N.M.",
      "case_ids": [
        5321923
      ],
      "weight": 2,
      "year": 1967,
      "opinion_index": 0,
      "case_paths": [
        "/nm/78/0188-01"
      ]
    }
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  "last_updated": "2023-07-14T14:30:08.757301+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "MOISE, C. J., and TACKETT, J., concur."
    ],
    "parties": [
      "Dorothy GRAY, as next friend of Peggy Jo Fiint, a/k/a Peggy Jo Flint Ostrom, Plaintiff-Appellant, v. Jack Warren FLINT, Defendant-Appellee."
    ],
    "opinions": [
      {
        "text": "OPINION\nWATSON, Justice.\nThe defendant in this cause was personally served in Abilene, Texas. His attorney entered a special appearance and moved to dismiss for failure of process. This motion was granted on January 22, 1969.\nOn February 10, 1969, three documents were simultaneously filed with the clerk of the district court of Bernalillo County. These were:\n(1) A Motion for Rehearing of the Dismissal of January 22, 1969 filed pursuant to Rule 60(b), \u00a7 21-1-1(60) (b), N.M.S.A., 1953 Comp.;\n(2) An Order granting a rehearing on the dismissal order of January 22, 1969; and\n(3) A Notice of Appeal to the Supreme Court from the dismissal order of January 22, 1969.\nOn March 6, 1969, the rehearing was held and one witness testified. At the conclusion of the hearing the court announced that it still felt it lacked jurisdiction and said: \u201cI am ruling that way again for the record.\u201d No written judgment or order was entered thereafter. Bouldin v. Bruce M. Bernard, Inc., 78 N.M. 188, 429 P.2d 647 (1967). But both parties have considered this an appeal from the order on rehearing. The questions presented in the briefs relate to the issues based on the rehearing; yet the only notice of appeal is from the order of January 22, 1969.\nRecognizing the desirability of disposing of cases on their merits, Barelas Community Ditch Corporation v. City of Albuquerque, 61 N.M. 222, 297 P.2d 1051 (1956), we will assume that the order granting a rehearing was filed before the notice of appeal. Thus the filing of the notice of appeal from the order of January 22, 1969, was a nullity, as the order of January 22 was vacated by the granting of the rehearing, leaving nothing to appeal from. 39 Am.Jur., New Trial, \u00a7 204; Stathatos v. Arnold Bernstein S. S. Corp., 202 F.2d 525 (2nd Cir. 1953).\nNo final judgment having been entered in the cause from which an appeal can be taken at this time, we find that the appeal is premature and the same is hereby dismissed.\nIt is so ordered.\nMOISE, C. J., and TACKETT, J., concur.",
        "type": "majority",
        "author": "WATSON, Justice."
      }
    ],
    "attorneys": [
      "Ann Wilcox Hood, Albuquerque, for plaintiff-appellant.",
      "M. J. Clayburgh, Albuquerque, for defendant-appellee."
    ],
    "corrections": "",
    "head_matter": "465 P.2d 279\nDorothy GRAY, as next friend of Peggy Jo Fiint, a/k/a Peggy Jo Flint Ostrom, Plaintiff-Appellant, v. Jack Warren FLINT, Defendant-Appellee.\nNo. 8890.\nSupreme Court of New Mexico.\nFeb. 20, 1970.\nAnn Wilcox Hood, Albuquerque, for plaintiff-appellant.\nM. J. Clayburgh, Albuquerque, for defendant-appellee."
  },
  "file_name": "0222-01",
  "first_page_order": 268,
  "last_page_order": 269
}