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 Defendant was appealing from a district court order that dismissed her de novo appeal from magistrate court. The district court dismissed the appeal without holding a show cause hearing, which is required under Rule 5-828(B) NMRA.

Procedural History

• Appeal from the District Court of Doña Ana County: The district court dismissed the Defendant's de novo appeal from magistrate court for not holding a show cause hearing as required by Rule 5-828(B) NMRA.

Parties' Submissions

• Plaintiff-Appellee (State of New Mexico): Concurred with the Defendant's position that the district court erred by dismissing the appeal without holding a show cause hearing (para 1).
• Defendant-Appellant (Amanda Andrade): Argued that the district court erred in dismissing her de novo appeal from magistrate court without holding a required show cause hearing (para 1).

Legal Issues

• Whether the district court erred in dismissing the Defendant's de novo appeal from magistrate court without holding a show cause hearing as required by Rule 5-828(B) NMRA.

Disposition

• The Court of Appeals reversed the district court's order dismissing the Defendant's de novo appeal and remanded the case for the purpose of holding a show cause hearing (para 2).

Reasons

• Per VANZI, J. (with J. MILES HANISEE, Judge and KRISTINA BOGARDUS, Judge concurring): The Court of Appeals decided to reverse the district court's dismissal of the Defendant's de novo appeal because the dismissal occurred without the mandated show cause hearing as per Rule 5-828(B) NMRA. The State concurred with this position, not filing a memorandum in opposition, which further supported the Court's decision to reverse and remand for the required hearing (paras 1-2).