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 James Abernathy (Father), a self-represented litigant, who appealed against the district court’s decisions regarding child support and the denial of his motion to modify a previous decree. The appeal was dismissed due to an untimely notice of appeal filed by the Father.

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Petitioner-Appellant (Father): Argued that his failure to comply with the rules for timely filing an appeal was due to incorrect advice given by a non-court employee and a court clerk (paras 3).
• Respondent-Appellee (Mother): [Not applicable or not found]
• Intervenor-Appellee (The State of New Mexico Child Support Enforcement Division): [Not applicable or not found]

Legal Issues

• Whether the Father's appeal should be dismissed for lack of a timely notice of appeal (para 1).

Disposition

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

Reasons

• Per J. MILES HANISEE, with JONATHAN B. SUTIN and LINDA M. VANZI concurring:
  The court found that the Father's notice of appeal was filed well outside the required timeframe, making it untimely and thus dismissing the appeal (para 2). The Father's arguments, claiming that his untimely filing was due to incorrect advice from a non-court employee and a court clerk, were not persuasive. The court emphasized that even if the Father received incorrect information, it did not constitute "unusual circumstances" that would excuse his failure to comply with the procedural rules. As a self-represented litigant, the Father was held to the same standards as those represented by counsel and was responsible for following the rules of procedure (para 3). The court also noted the Father's frustration and perceived unfair treatment but reiterated that the dismissal was based on procedural grounds, specifically the failure to meet the time and place requirements for filing an appeal (para 4).