N.M. Stat. § 39-3-7 (2026)

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.

                                     ANNOTATIONS

Cross 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.