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 the Defendant against a judgment in favor of the Plaintiff. The Defendant sought reconsideration of the judgment, which was denied by the lower court. The Defendant then attempted to appeal both the denial of his motion for reconsideration and the underlying judgment but failed to file a timely notice of appeal according to the appellate rules.

Procedural History

• District Court of Taos County, Jeff McElroy, District Judge: Judgment in favor of Plaintiff; subsequent denial of Defendant's motion for reconsideration.

Parties' Submissions

• Defendant-Appellant: Argued that the notice of appeal was filed within thirty business days, based on information allegedly provided by a court clerk or clerk assistant, and contended that this should be considered timely.
• Plaintiff-Appellee: [Not applicable or not found]

Legal Issues

• Whether the Defendant's notice of appeal was filed within the permissible time frame as prescribed by the appellate rules.

Disposition

• The appeal was dismissed due to the untimely filing of the notice of appeal.

Reasons

• Per M. Monica Zamora, with Michael E. Vigil and J. Miles Hanisee concurring, the court found that the Defendant's reliance on erroneous oral advice from a court clerk or clerk assistant regarding the filing deadline for an appeal was unreasonable. The appellate rules explicitly state that a notice of appeal must be filed within thirty calendar days after the judgment or order appealed from is filed in the district court clerk’s office. The rules do not allow for the calculation of this period in business days unless the period is ten days or less, which was not the case here. Consequently, the Defendant, even though self-represented, was expected to adhere to the same standards as a practicing attorney and comply with the appellate rules. The appeal was dismissed due to the untimely filing of the notice of appeal (paras 1-4).