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 Bank of Colorado (Plaintiff) against LL&D, Inc., doing business as Respond New Mexico (Defendant). The core issue arose from the Defendant's failure to timely file an answer to a legal action initiated by the Plaintiff, leading to the district court's decision to strike the Defendant's answer due to its untimeliness.

Procedural History

• Appeal from the District Court of McKinley County, Robert A. Aragon, District Judge, April 13, 2011: The district court issued an order striking the Defendant's answer for being untimely filed.

Parties' Submissions

• Plaintiff: Argued for the striking of the Defendant's answer due to its untimely filing and requested attorney fees.
• Defendant: Did not respond to the court's notice proposing dismissal for lack of a final order and the denial of the Plaintiff's request for attorney fees.

Legal Issues

• Whether the district court's order to strike the Defendant's answer due to untimeliness was appropriate.
• Whether the Plaintiff's request for attorney fees should be granted.

Disposition

• The Court of Appeals dismissed the case for lack of a final order.
• The Court of Appeals denied the Plaintiff's request for attorney fees.

Reasons

• Per Michael E. Vigil, J. (Celia Foy Castillo, Chief Judge, and Jonathan B. Sutin, Judge, concurring):
  The Court of Appeals decided to dismiss the appeal due to the absence of a final order, aligning with procedural norms that require a final order for appellate review. The Defendant's lack of response to the court's notice was interpreted as acceptance of the proposed disposition, following precedent from Frick v. Veazey. Despite the Plaintiff's opposition to the proposed denial of attorney fees, the Court remained unconvinced by the Plaintiff's arguments, leading to the denial of the request for attorney fees.