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 the Respondent's appeal against a district court order that adopted a child support hearing officer's recommendation. This order required the Respondent to pay $1,000 per month in child support arrears through wage withholding.

Procedural History

• District Court of Sandoval County, May 10, 2011: Ordered Respondent to pay $1,000 per month in child support arrears.

Parties' Submissions

• Respondent-Appellant: Argued that (1) as a pro se litigant, understanding the rules and requirements for filing is difficult, (2) the Thirteenth Judicial District Court limited his access to the court, and (3) a holiday within the filing period should make his appeal timely.
• Petitioner-Appellee: [Not applicable or not found]

Legal Issues

• Whether the Respondent's appeal was timely filed considering the inclusion of a holiday within the filing period, his pro se status, and the alleged limited access to the court by the Thirteenth Judicial District Court's policies.

Disposition

• The Court of Appeals dismissed the Respondent's appeal as untimely.

Reasons

• Per Michael D. Bustamante, J. (James J. Wechsler, J., and Timothy L. Garcia, J., concurring): The court concluded that the Respondent's appeal was not timely filed, as it was submitted outside the thirty-day period provided by the rules, despite the Respondent's arguments regarding his pro se status, the impact of a holiday within the filing period, and the Thirteenth Judicial District Court's filing policy. The court held that neither the inclusion of a holiday in the filing period nor the Respondent's pro se status and the district court's filing policy constituted unusual circumstances that would allow the court to exercise its discretion to hear the appeal despite the untimely notice. The court emphasized that a pro se litigant is held to the same standards as members of the bar regarding compliance with court rules and procedures.