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

• Discover Bank filed a civil complaint against Jonathan N. McGee, which was dismissed with prejudice by the district court. Discover Bank sought reconsideration of this judgment, which was also denied.

Procedural History

• District Court of Bernalillo County, Alan M. Malott, District Judge: Judgment dismissing Discover Bank's civil complaint with prejudice.
• District Court of Bernalillo County, Alan M. Malott, District Judge: Order denying motion for reconsideration of the judgment dismissing the civil complaint with prejudice (June 12, 2012).

Parties' Submissions

• Plaintiff-Appellant (Discover Bank): Asserted that it timely filed its notice of appeal on July 12, 2012, challenging the district court's order denying its motion for reconsideration of a judgment dismissing its civil complaint with prejudice.
• Defendant-Appellee (Jonathan N. McGee): [Not applicable or not found]

Legal Issues

• Whether the Plaintiff-Appellant's notice of appeal was filed within the required timeframe to grant the Court of Appeals jurisdiction to consider the merits of the appeal.

Disposition

• The appeal was dismissed due to the Plaintiff-Appellant's failure to comply with the mandatory precondition of filing the notice of appeal within the prescribed timeframe.

Reasons

• Cynthia A. Fry, Judge, with Michael D. Bustamante, Judge, and J. Miles Hanisee, Judge concurring, found that the Plaintiff-Appellant's notice of appeal was filed one day late, making it untimely according to Rule 12-201(D) NMRA. The court emphasized that compliance with the notice of appeal's time and place requirements is a mandatory precondition to the exercise of appellate jurisdiction. Since the Plaintiff-Appellant did not meet this precondition, the court dismissed the appeal without considering its merits.