AI Generated Opinion Summaries

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 case involves an appeal by John H. Bassett against an administrative decision made by the New Mexico Racing Commission. The appeal was made to the Court of Appeals of New Mexico following a district court order that affirmed the Commission's decision (para 1).

Procedural History

• District Court of Bernalillo County, Denise Barela Shepherd, District Judge: Affirmed an administrative decision of the New Mexico Racing Commission.

Parties' Submissions

• Petitioner-Appellant (John H. Bassett): Argued that the appeal should not be dismissed despite procedural deficiencies, citing excusable neglect on the part of counsel (para 4).
• Respondent-Appellee (New Mexico Racing Commission): [Not applicable or not found]

Legal Issues

• Whether the Court of Appeals should dismiss the appeal due to the Petitioner's failure to file a petition for writ of certiorari within the required thirty-day period following the district court's final order (para 3).
• Whether the Petitioner's late filing can be excused due to alleged excusable neglect by counsel (para 4).

Disposition

• The appeal was dismissed by the Court of Appeals of New Mexico (para 5).

Reasons

• RODERICK T. KENNEDY, Judge, with JAMES J. WECHSLER, Judge, and M. MONICA ZAMORA, Judge concurring:
  The Court found that the Petitioner failed to follow the proper procedure for seeking review of the district court's decision by not filing a petition for writ of certiorari within the thirty-day period required by Rule 12-505 NMRA. Instead, the Petitioner filed a notice of appeal and a docketing statement, neither of which are adequate substitutes for a petition for writ of certiorari. The Court referenced Wakeland v. New Mexico Department of Workforce Solutions and Gulf Oil Corp. v. Rota-Cone Field Operating Co. to support its decision that timely filing is a mandatory precondition to the exercise of appellate jurisdiction (paras 2-3).
  The Court also considered the Petitioner's argument of excusable neglect for the late filing, referring to Kinder Morgan CO2 Co., L.P. v. State Taxation & Revenue Dep’t and Mascarenas v. City of Albuquerque. However, it concluded that the circumstances described by the Petitioner did not meet the criteria for unusual circumstances that would justify the untimely filing of a petition for writ of certiorari. The Court determined that the error was not on the part of the court system and that the Petitioner's neglect did not satisfy the necessary criteria for excusing the late filing (para 4).
  Based on these considerations, the Court dismissed the appeal, indicating that procedural rules and timelines are critical to the appellate process and must be adhered to unless exceptional circumstances justify deviation (para 5).