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 an appeal by Robert Boughton and Louis Hille, who are self-represented appellants, against a decision made by the district court. The district court dismissed their on-record appeal. The specifics leading to the initial lawsuit or the grounds for the district court's dismissal are not detailed in the provided text.

Procedural History

• District Court of Bernalillo County, Alan M. Malott, District Judge: Dismissed the on-record appeal filed by Robert Boughton and Louis Hille.

Parties' Submissions

• Appellants (Robert Boughton and Louis Hille): The arguments or grounds for their appeal are not specified in the provided text.
• Appellee (Community Housing Resources, Inc.): The arguments or grounds for their position against the appeal are not specified in the provided text.

Legal Issues

• Whether the failure to file the requisite notice of appeal in the district court’s clerk’s office is a mandatory precondition to appellate jurisdiction that justifies dismissal of the appeal.

Disposition

• The Court of Appeals dismissed the appeal due to the appellants' failure to file the requisite notice of appeal in the district court’s clerk’s office.

Reasons

• Per Roderick T. Kennedy, J. (Linda M. Vanzi, J., and Timothy L. Garcia, J., concurring): The decision to dismiss the appeal was based on the appellants' failure to meet the mandatory precondition of filing the notice of appeal in the district court’s clerk’s office. The court referenced Govich v. North Am. Sys., Inc. to support the principle that the time and place of filing for the notice of appeal are critical to establishing appellate jurisdiction. The appellants did not file a timely memorandum in opposition to the court's proposal to dismiss, nor was their request to file an untimely memorandum in opposition granted (para 1).