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Decision Information

Citations - New Mexico Laws and Court Rules
Rule Set 12 - Rules of Appellate Procedure - cited by 9,535 documents

Decision Content

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 Plaintiff, a self-represented litigant, filed a complaint against the Defendants. The district court dismissed her complaint with prejudice due to her failure to provide discovery (para 1).

Procedural History

  • Appeal from the District Court of Santa Fe County, David K. Thomson, District Judge: The complaint was dismissed with prejudice as a sanction for failure to provide discovery.

Parties' Submissions

  • Plaintiff-Appellant: The Plaintiff appealed the district court's order dismissing her complaint with prejudice due to her failure to provide discovery (para 1).
  • Defendant-Appellees: [Not applicable or not found]

Legal Issues

  • Whether the district court's order dismissing the Plaintiff's complaint with prejudice as a sanction for failure to provide discovery should be upheld.

Disposition

  • The Court of Appeals affirmed the district court's order dismissing the Plaintiff's complaint with prejudice (para 2).

Reasons

  • Per Timothy L. Garcia, J., with M. Monica Zamora, J., and Henry M. Bohnhoff, J., concurring: The Court issued a calendar notice proposing summary affirmance of the district court's decision. The notice was returned by the postal service as “attempted not known,” and the Plaintiff failed to inform the Court of a change in mailing address as required by Rule 12-301(D) NMRA. The time for filing a response to the calendar notice expired, leading the Court to affirm the district court's decision for the reasons stated in the calendar notice (para 1).
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