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 appellant was terminated from her job and subsequently sought unemployment insurance benefits. The New Mexico Department of Workforce Solutions denied these benefits, determining that the appellant had been fired for misconduct.

Procedural History

• District Court of Bernalillo County, June 15, 2011: Affirmed the Department of Workforce Solution's decision to deny unemployment benefits to the appellant.

Parties' Submissions

• Appellant: Argued that the failure to timely file a petition for certiorari was due to her attorney's misunderstanding of the need to file a petition for certiorari instead of a notice of appeal and docketing statement.
• Appellees: Filed a joint motion in support of dismissing the appeal.

Legal Issues

• Whether the appellant's appeal should be dismissed for failure to timely file a petition for certiorari.
• Whether the appellant's late filing can be excused due to unusual circumstances beyond her control.

Disposition

• The appeal was dismissed and the motion for extension denied.

Reasons

• Cynthia A. Fry, Judge, with James J. Wechsler and Michael D. Bustamante, Judges concurring, found that the appellant's appeal must be dismissed due to failure to timely file a petition for certiorari. The court considered the appellant's motion to extend the time for filing the notice of appeal but concluded that uncertainty about the proper procedure for seeking review does not constitute an unusual circumstance that would excuse the late filing. The court referenced a previous case, Wakeland, to support its decision that procedural uncertainty does not excuse late filings.