Khalsa v. Levinson

Filing Date: July 16, 1998 APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY MICHAEL E. VIGIL, Successor District Judge {1} This appeal presents this Court with the opportunity to clarify the law concerning the circumstances under which a trial court's decision becomes an order and the circumstances under which orders on post-decree motions in domestic relations cases are final for purposes of appeal. {2} For the reasons discussed below, we determine that the trial court's decision in this case is not final for purposes of Richard Lee Levinson's (Father) appeal because it neither includes decretal language nor provisions directing the entry of judgment. We further determine that when, as here, a decision resolves fewer than all the issues presented by post-decree motions, the decision, even if it contains the requisite decretal language, is not final and appealable unless (1) the trial court expressly determines, pursuant to Rule 1-054(C)(1) NMRA 1998 that there is no just reason for delay and expressly directs entry of judgment and (2) the matters adjudicated are not intertwined with issues that remain unresolved. We dismiss this appeal for lack of jurisdiction.