AI Generated Opinion Summaries

Decision Information

Citations - New Mexico Laws and Court Rules
Rule Set 12 - Rules of Appellate Procedure - cited by 9,587 documents

Decision Content

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 Steve Cowen against his ex-wife, Gail Cowen, concerning the district court's dismissal of his cross-claim for lack of personal jurisdiction (para 1).

Procedural History

  • [Not applicable or not found]

Parties' Submissions

  • Appellant (Steve E. Cowen): Asserts that he is appealing the district court's dismissal of his cross-claim against his ex-wife, Gail Cowen, for lack of personal jurisdiction (para 1).
  • Appellee (Gail Lynn Cowen): [Not applicable or not found]

Legal Issues

  • Whether the district court's dismissal of the appellant's cross-claim against his ex-wife for lack of personal jurisdiction was appropriate.

Disposition

  • The appeal is dismissed due to the appellant's failure to comply with the Rules of Appellate Procedure, specifically for not providing citations to the record in his brief in chief (para 5).

Reasons

  • VIGIL, Judge (LINDA M. VANZI, Chief Judge, J. MILES HANISEE, Judge concurring): The court dismissed the appeal because the appellant, Steve Cowen, failed to comply with the Rules of Appellate Procedure by not providing any citation to the 9-volume, 1701-page record in his two-and-a-half page brief in chief. This failure violated Rules 12-312(A) and 12-401(B)(4) NMRA, which mandate dismissal for failure to file a brief in chief as provided by the rules or for failure to comply with the rules. Additionally, the appellant's brief did not meet the requirements of Rule 12-318(A) NMRA, as it lacked a proper summary of proceedings, a course of proceedings, a disposition in the court below, a summary of facts relevant to the issues presented for review, and citations to the record. The brief also failed to describe how the issue was preserved in the district court or to provide citations to authorities or the record as required (paras 2-4).
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