Appellant herein seeks a review of proceedings affecting him in the suit for adjudication of water rights in the Roswell Artesian Basin originаlly filed in 1956. Appellant and his interests were brought in by orders 33 and 35 joining additional parties.
After trial before the Special Master, a reрort was duly filed by the Special Master. Appellant filed his objections to the report. A hearing was had before the district judge, and at its conclusion' the court announced that the report would be confirmed: Both appellant and appellee filed requested findings of fact and conclusions of law. On January 16, 1963, the court filed its “Decision” and, on the same day, an “Order” refusing and denying all requestеd findings and conclusions in conflict with those made by it was entered. This was followed by a motion for an appeal “from the order filed in thе above entitled cause on the 16th day of January, 1963,” and an order allowing-the appeal therefrom. No other order or judgmеnt, affecting appellant or his rights appears to have been entered.
In this posture of the case, is there a final aрpealable order or judgment so as to give us jurisdiction?
Section 21-2-1(5) (1), N.M.S.A.1953, provides for appeals from final judgments. § 21-2-1(5) (2), N.M.S.A.1953, permits appеals from certain'interlocutory judgments, orders, or decisions. In the instаnt case we have neither a final judgment nor an appealable interlocutory judgment, order or decision.
In State ex rel. Reynolds v. Sharp, 66 N. M. 192,
The difficulty arises because no order was ever entered сarrying into effect the decision of the court. In Zellers v. Huff, 57 N. M. 609,
“In criminal cases, as well as civil, thе judgment is final for the purpose of appeal when it terminates the litigation on the merits and leaves nothing to be done but to enforce by execution what has been determined. (Citing cases). A sentеnce must be imposed to complete the steps of the рrosecution. Until sentence is imposed there is no finality of the judgmеnt. The sentence is the judgment. (Citing cases).
“In the instant case the adjudiсation of contempt of court is plain and unequivocal, but sinсe there was no judgment or sentence pronounced, it was still рending and further judgment was necessary. Consequently, it was not ripe for rеview as a right in any form.”
The last occasion we had to considеr this question arose in State v. Morris,
“In the absence of an exprеss statute or rule, no appeal will lie from anything other than a fоrmal written order or judgment signed by the judge and filed in the case or entered upon the records of the court and signed by the judge thereоf. State v. Thorne,39 Wash.2d 63 ,234 P.2d 528 ; State v. McClain,186 Tenn. 401 ,210 S.W.2d 680 .
An oral ruling by the trial judge is not a final judgment. It is merely evidence of what the court had decided to do but he can change such ruling at any time before the entry of a final judgment. State v. McClain, supra.”
The situation is the same whether the ruling is oral or stated in a “decision” and whether the case is criminal or civil. § 21-2-1(5) (3), N.M.S.A.1953.
This attempted appeal is premature and must be dismissed.
It is so ordered.