Capco Acquisub, Inc. v. Greka Energy Corp‪.‬

Certiorari Denied, No. 31,332, September 15, 2008 and No. 31,335, October 10, 2008 OPINION {1} This is the second appeal originating from a judgment entered in a case concerning oil and gas properties in Lea County, New Mexico. The judgment involved two separate lawsuits pending in Lea County District Court that were consolidated for trial: Capco Acquisub, Inc. v. Greka Energy Corporation, No. CV-2001-249 (Lea County, N.M., filed July 6, 2001)and Michael Harton, et al. v. Greka AM, Inc., et al., No. CV-2001-417 (Lea County, N.M., filed Oct. 29, 2001). We refer to the former suit as the ""Capco Action"" and the plaintiffs in that suit as the ""Capco Plaintiffs."" We refer to the latter suit as the ""Harton Action"" and the plaintiffs in that suit as the ""Harton Plaintiffs."" {2} Following a trial in which Defendant Greka Energy Corporation (GEC) and its subsidiaries, Defendants Greka AM, Inc. (Greka AM) and Saba Energy of Texas, Inc. (Saba) (collectively, the Subsidiaries), failed to appear, the district court entered judgment against all three entities. In the first appeal related to that judgment, we affirmed the district court's denial of the Subsidiaries' motion for extension of time to file a notice of appeal and dismissed the remainder of the Subsidiaries' appeal. Capco Acquisub, Inc. v. Greka Energy Corporation (Capco I), 2007-NMCA-011, ¶ 8, 140 N.M. 920, 149 P.3d 1017. GEC, however, filed a timely notice of appeal, which is the subject of today's opinion.