COLLIER v. PENNINGTON

No. 23,149.

69 P.3d 238 (2003)

133 N.M. 728

2003-NMCA-064

William John COLLIER and Irene S. Collier, Plaintiffs-Appellants, v. Arlin PENNINGTON, individually and d/b/a Enchanted Log Homes of New Mexico, Defendant-Appellee.

Court of Appeals of New Mexico.

March 4, 2003.


Attorney(s) appearing for the Case

Barry D. Williams, James T. Reist, Krehbiel, Bannerman & Williams, P.A., Albuquerque, NM, for Appellants.

Martin E. Threet, Joey B. Wright, Martin E. Threet & Associates, Clayton Fisher Childs, Albuquerque, NM, for Appellees.


OPINION

CASTILLO, Judge.

{1} In this case, we are faced with an issue of first impression concerning the finality for purposes of appeal of a district court's order that refers some, but not all, of the causes of action between the parties to arbitration. We hold that such orders may be appealed as of right if they meet the usual tests for finality of orders. Applying that holding to this case, we hold that the order is not final. Therefore, we dismiss...

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