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

• JPMorgan Chase Bank (JPMorgan) filed a foreclosure complaint against Tracey McDermott and La Buena Vida Condominium Unit Owners’ Association in October 2012. The district court dismissed the action with prejudice in May 2016 due to JPMorgan's inaction for over two years, deeming it inappropriate, unnecessary, and intentional. JPMorgan's motion for reconsideration was denied in August 2016. JPMorgan missed the September 30, 2016, deadline to file a notice of appeal and sought an extension on October 7, 2016, claiming excusable neglect due to miscommunication and inability to obtain direction from its client and Fannie Mae (paras 2-3).

Procedural History

• District Court of Taos County, May 2016: Granted Defendants’ motion to dismiss the foreclosure action with prejudice (para 2).
• District Court of Taos County, August 31, 2016: Denied JPMorgan's motion for reconsideration (para 2).

Parties' Submissions

• Plaintiff (JPMorgan/Fannie Mae): Argued that the failure to file a notice of appeal on time was due to excusable neglect, citing miscommunication and delays in obtaining direction from Fannie Mae (para 3).
• Defendants (McDermott and La Buena Vida Condominiums Unit Owners’ Association): Contended that New Mexico has employed a stricter standard for determining “excusable neglect” under Rule 12-201(E)(3) and argued that no excusable neglect existed under the facts of this case to warrant an extension of time for JPMorgan to file its notice of appeal (para 4).

Legal Issues

• Whether the district court abused its discretion in granting JPMorgan an extension to file its notice of appeal under Rule 12-201(E)(3) NMRA due to claimed excusable neglect (para 1).

Disposition

• The Court of Appeals reversed the district court’s order granting the extension and dismissed Fannie Mae’s appeal as untimely (para 1).

Reasons

• The Court of Appeals, with J. Miles Hanisee authoring the opinion, and Judges Jennifer L. Attrep and Megan P. Duffy concurring, found that the district court abused its discretion by applying an incorrect standard for determining excusable neglect under Rule 12-201(E)(3). The court emphasized that New Mexico law requires a strict construction of the rule for granting extensions to file a notice of appeal to prevent erosion of the rule's intent. It concluded that JPMorgan's reasons for failing to file a timely notice of appeal, including miscommunication and misunderstandings, did not rise to the level of excusable neglect as defined by controlling precedent. The court noted that JPMorgan provided no specific details or evidence to support its claims of excusable neglect and that the circumstances cited by JPMorgan were not unique and could have been anticipated by counsel. Therefore, the court reversed the district court's decision and dismissed the appeal (paras 5-16).