AI Generated Opinion Summaries

Decision Information

Citations - New Mexico Laws and Court Rules
Rule Set 12 - Rules of Appellate Procedure - cited by 9,587 documents

Decision Content

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

  • The Defendant-Appellant, John Monafo, was convicted for driving on a suspended or revoked license, lack of registration, and lack of insurance. He sought to appeal these convictions. (para 1)

Procedural History

  • [Not applicable or not found]

Parties' Submissions

  • Defendant-Appellant: Argued against the dismissal of his appeal, which was proposed due to the late filing of his notice of appeal. (para 1)
  • Plaintiff-Appellee: [Not applicable or not found]

Legal Issues

  • Whether the Defendant-Appellant's late filing of the notice of appeal warrants dismissal of the appeal. (paras 1-4)

Disposition

  • The appeal was dismissed due to the untimely filing of the notice of appeal by the Defendant-Appellant. (para 4)

Reasons

  • JULIE J. VARGAS, Judge (JACQUELINE R. MEDINA, Judge and KRISTINA BOGARDUS, Judge concurring): The Court found that the notice of appeal must be filed within thirty days after the entry of a final order, as per Rule 12-201(A)(2) NMRA and 12-202(A) NMRA. The final order in this case was entered on October 15, 2019, making the deadline for filing the notice of appeal November 14, 2019. The Defendant-Appellant filed his notice of appeal on November 15, 2019, which was deemed untimely. The Court observed that without extraordinary circumstances, which were not present in this case, the mandatory time limits for filing the notice of appeal are rigidly enforced. Consequently, the appeal was dismissed. (paras 1-4)
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