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 a dispute over child support payments. The district court adopted a hearing officer's report that required the Respondent to pay $258 per month for child support (para 1).

Procedural History

• District Court of Bernalillo County, May 14, 2014: Ordered Respondent to pay $258 per month for child support.

Parties' Submissions

• Appellee (New Mexico Human Services Department and Nancy Garcia): [Not applicable or not found]
• Appellant (Anthony Garcia): Filed a memorandum in opposition to the Court of Appeals' proposed dismissal of his appeal, arguing the merits of the underlying action rather than addressing the timeliness of his appeal (para 2).

Legal Issues

• Whether the Court of Appeals should dismiss the Respondent's appeal due to the untimely filing of his notice of appeal.

Disposition

• The Court of Appeals dismissed the Respondent's appeal due to the untimely filing of the notice of appeal (para 3).

Reasons

• Per LINDA M. VANZI, Judge (RODERICK T. KENNEDY, Chief Judge, and CYNTHIA A. FRY, Judge concurring): The Court of Appeals proposed to dismiss the appeal because the notice of appeal was not filed within the required thirty-day period following the district court's order, making the filing a mandatory precondition for the Court's jurisdiction. The Respondent's memorandum in opposition did not present any arguments that would allow the Court to exercise discretion to hear the appeal despite its untimeliness. The Court found no unusual circumstances that would warrant overlooking the procedural defect of untimely notice. Therefore, the Court declined to exercise jurisdiction to consider the merits of the Respondent's appeal and dismissed it (paras 1-3).