Within thirty days from the entry of any final judgment or decision, any interlocutory order or decision which practically disposes of the merits of the action or any final order after entry of judgment which affects substantial rights, in any special statutory proceeding in the district court, any party aggrieved may appeal therefrom to the supreme court or to the court of appeals, as appellate jurisdiction may be vested by law in these courts.
History: Laws 1937, ch. 197, § 1; 1941 Comp., § 19-1005; 1953 Comp., § 21-10-5; Laws 1966, ch. 28, § 39.
ANNOTATIONSCross references. — For appellate jurisdiction of supreme court, see N.M. Const., art. VI, § 2.
For court of appeals jurisdiction, see N.M. Const., art. VI, § 29.
For special statutory proceedings, see Rule 12-601 NMRA.
This section allows interlocutory appeals to aggrieved parties in special proceedings. State v. Jade G., 2005-NMCA-019, 137 N.M. 128, 108 P.3d 534, aff'd, 2007-NMSC-010, 141 N.M. 284, 154 P.3d 659.
Applicability to tax sales. — This section does not apply to proceeding for sale of property and tax sale certificates. In re Sevilleta De La Joya Grant, 1937-NMSC-024, 41 N.M. 305, 68 P.2d 160; In re Blatt, 1937-NMSC-018, 41 N.M. 269, 67 P.2d 293, 110 A.L.R. 656.
Applicability to remedies created by statute, not known at common law. — The proceedings contemplated by this section are statutory proceedings to enforce rights and remedies created by statute and unknown to the common law and equity practice of England prior to 1776. In re Forest, 1941-NMSC-019, 45 N.M. 204, 113 P.2d 582.
Appeal from order in condemnation case. — A district court order in a condemnation case granting immediate possession of land where the court had not yet awarded damages was not a final appealable order. City of Sunland Park v. Paseo Del Norte Ltd. P'ship, 1999-NMCA-124, 128 N.M. 163, 990 P.2d 1286.
Appeal from board of embalmers and funeral directors. — Where counsel for the board failed to point out any provision of the Funeral Directors and Embalmers Act permitting an appeal to the supreme court of the judgment of the district in the statutory review of the board's decision, the supreme court entertained the appeal under the authority of Supreme Court Rule 5(6), (now Rule 12-601 NMRA); although this section omitted a material portion of Supreme Court Rule 5(6) as adopted. Gonzales v. N.M. State Bd. of Embalmers & Funeral Dirs., 1957-NMSC-047, 63 N.M. 13, 312 P.2d 541.
City labor management relations board decisions. — The court of appeals had jurisdiction of an appeal from the decision of the district court affirming a city labor management relations board holding that a proposed collective bargaining unit of fire suppression personnel included lieutenants. Las Cruces Prof. Fire Fighters v. City of Las Cruces, 1997-NMCA-044, 123 N.M. 329, 940 P.2d 177.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 4 Am. Jur. 2d Appellate Review § 120.
4 C.J.S. Appeal & Error §§ 91, 92; 5 C.J.S. Appeal and Error § 724.