Court of Appeals of New Mexico
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Rule Set 12 - Rules of Appellate Procedure - cited by 9,502 documents
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EKER BROS., INC. V. REHDERS
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EKER BROTHERS, INC.,
Plaintiff-Counterdefendant/
Appellant,
v.
JOHN G. REHDERS,
GENERAL CONTRACTOR, INC.,
Defendant-Counterclaimant/
Appellee.
NO. 30,163
COURT OF APPEALS OF NEW MEXICO
May 17, 2010
APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY, Daniel
A. Sanchez, District Judge
COUNSEL
Sommer, Udall, Sutin, Hardwick, & Hyatt, P.A., William H. Lazar, Tesuque, NM, Sommer, Udall, Sutin, Hardwick, & Hyatt, P.A., Kurt A. Sommer, Candice Lee, Santa Fe, NM, for Appellant
McClaugherty & Silver, P.C., Joe L. McClaugherty, Tamara R. Safarik, Santa Fe, NM, for Appellee
JUDGES
CYNTHIA A. FRY, Chief Judge. WE CONCUR: JAMES J. WECHSLER, Judge, CELIA FOY CASTILLO, Judge
AUTHOR:
MEMORANDUM OPINION
FRY, Chief Judge.
Appellant appeals the award of costs in this case. We proposed to dismiss the appeal because the notice of appeal was not timely filed. We have received a response from Appellant in which Appellant claims that it was error for the district court to deny Appellant’s motion for extension of time to file the notice of appeal, and therefore, we should not dismiss this appeal. As discussed in our opinion in Ekers Brothers, Inc. v. John Gl. Rehders, General Contractor, No. 30,245, we have affirmed the district court’s ruling on Appellant’s motion. Because the motion for extension to file the notice of appeal was properly denied, Appellant’s notice of appeal was untimely.
CONCLUSION
For the reasons discussed in this opinion and in our calendar notice, we dismiss Appellant’s appeal.
IT IS SO ORDERED.
CYNTHIA A. FRY, Chief Judge
WE CONCUR:
JAMES J. WECHSLER, Judge
CELIA FOY CASTILLO, Judge