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

• Ms. Linda Hone, acting pro se, attempted to appeal district court orders related to a foreclosure action against her limited liability company, Chachalaca, LLC. The appeal was filed incorrectly, combining two separate district court actions into a single appeal and attempting to represent the LLC without legal authorization (paras 1-3).

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Respondent-Appellant (Chachalaca, LLC): Argued that Ms. Hone was confused about the existence of two separate cases and claimed unfair treatment by the district court, which wrongfully denied Chachalaca, LLC relief under Rule 1-060(B) NMRA. Additionally, argued that Ms. Hone, as the sole owner and member of the LLC, should be considered the "real party in interest" and thus capable of filing the appeal on behalf of the LLC (para 3).
• Petitioner-Appellee: Filed a response to the notice proposing dismissal of the appeal, but specific arguments are not detailed in the decision (para 1).

Legal Issues

• Whether Ms. Hone’s pro se notice of appeal was effective in triggering an appeal on behalf of Chachalaca, LLC (para 2).
• Whether the court has jurisdiction to consider the appeal filed on behalf of Chachalaca, LLC by Ms. Hone (para 3).

Disposition

• The appeal was dismissed due to the ineffective notice of appeal filed by Ms. Hone on behalf of Chachalaca, LLC, constituting unauthorized practice of law (para 5).

Reasons

• GARCIA, Judge (with RODERICK T. KENNEDY, Chief Judge, and J. MILES HANISEE, Judge concurring): The court observed that Ms. Hone filed a pro se notice of appeal attempting to represent Chachalaca, LLC, which is not permissible as artificial legal entities must be represented by a licensed attorney. The court also noted the procedural errors in filing the appeal, including the combination of two separate district court actions into a single appeal and the timeliness of the notice of appeal. Despite the arguments presented by Chachalaca, LLC, the court concluded that Ms. Hone’s actions did not properly invoke the court's jurisdiction to consider the appeal. The court further stated it lacked authority to grant an extension for filing a notice of appeal, suggesting that Chachalaca, LLC must seek other forms of post-judgment relief (paras 2-4).