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 case involves the Plaintiff-Appellee, Hawk Site Master Association, a homeowner association, and the Defendant-Appellant, April Herrera. The association sought damages and the foreclosure upon a lien on Herrera's property due to her failure to pay homeowner association assessments. Herrera argued that her nonpayment was justified due to damages caused to her property and car by conditions for which she held the association responsible. Additionally, Herrera faced challenges in presenting her evidence and paying the assessments due to illness and receiving inconsistent information from the association's employee during the COVID-19 pandemic.

Procedural History

• District Court of Sandoval County: Granted damages to Hawk Site Master Association and permitted foreclosure upon a lien on April Herrera's property.

Parties' Submissions

• Plaintiff-Appellee (Hawk Site Master Association): Argued that April Herrera failed to pay the required homeowner association assessments, justifying the foreclosure upon a lien on her property.
• Defendant-Appellant (April Herrera): Contended that she was unjustly denied an extension to present her evidence due to illness, faced bias from the district court, and had valid reasons for not paying the homeowner association assessments, including damages to her home and car caused by conditions she attributed to the association's negligence.

Legal Issues

• Whether the district court erred in denying April Herrera's motion for a continuance or extension of time to present her evidence.
• Whether there was judicial bias against April Herrera in the district court.
• Whether April Herrera presented a viable defense for not paying the homeowner association assessments.

Disposition

• The Court of Appeals affirmed the district court's decision, granting damages to Hawk Site Master Association and permitting foreclosure upon a lien on April Herrera's property.

Reasons

• KRISTINA BOGARDUS, Judge, with JENNIFER L. ATTREP, Chief Judge, and KATHERINE A. WRAY, Judge, concurring:
  The Court found no merit in April Herrera's arguments regarding the denial of her motion for a continuance or extension of time, noting that she failed to address the Court's proposed conclusion or assert any new facts, law, or argument to persuade the Court otherwise (paras 2, 8). The Court also dismissed Herrera's claims of judicial bias, finding that she did not raise a meritorious issue of bias in the district court and failed to persuade the Court that the notice of proposed disposition was erroneous (para 3). Regarding Herrera's defenses for not paying the homeowner association assessments, the Court concluded that her arguments were undeveloped and did not provide a viable defense. The Court noted that Herrera did not cite any legal authority to support her claims that damages to her car and tires excused or abated her homeowner association assessments (paras 4-6). Additionally, the Court found no error in the district court's refusal to consider Herrera's difficulties regarding the payment process or her belated attempts to pay the past due assessments, as she failed to provide relevant legal authority or case law to support her arguments (para 7).