AI Generated Opinion Summaries

Decision Information

Citations - New Mexico Laws and Court Rules
Rule Set 1 - Rules of Civil Procedure for the District Courts - cited by 4,550 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 case involves a Respondent's appeal from a district court order that denied her motion for relief from judgment under Rule 1-060 NMRA.

Procedural History

  • Appeal from the District Court of Sandoval County, John F. Davis, District Judge, April 30, 2015: The district court denied the Respondent's Rule 1-060 NMRA motion for relief from judgment.

Parties' Submissions

  • Petitioner-Appellee: Filed a memorandum in support of the Court of Appeals' notice of proposed disposition.
  • Respondent-Appellant: Did not file a memorandum in opposition to the Court of Appeals' notice, and the time for doing so has passed.

Legal Issues

  • Whether the district court's order denying the Respondent's Rule 1-060 NMRA motion for relief from judgment should be affirmed.

Disposition

  • The Court of Appeals affirms the district court's order denying the Respondent's Rule 1-060 NMRA motion for relief from judgment.

Reasons

  • Per James J. Wechsler, with Jonathan B. Sutin and Timothy L. Garcia concurring: The Court decided to affirm the district court's order for the reasons provided in the Court's notice of proposed disposition. The Respondent's failure to file a memorandum in opposition to the Court's notice was interpreted as acceptance of the proposed disposition, in accordance with Frick v. Veazey.
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