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 Plaintiff sought to appeal a magistrate court's decision denying a motion to set aside a default judgment. The district court dismissed the appeal, leading to the Plaintiff's appeal to the New Mexico Court of Appeals (paras 1-2).
Procedural History
- District Court of San Juan County: Dismissed the Plaintiff's appeal from the magistrate court's decision (para 1).
Parties' Submissions
- Plaintiff-Appellant: Argued that the district court erred in dismissing the appeal because the denial of a motion to set aside a default judgment is a final order and appealable (para 2).
- Defendant-Appellee: Submitted a memorandum in opposition, outlining procedural history but failing to address the proposed disposition or present new facts, law, or arguments (para 2).
Legal Issues
- Did the district court err in dismissing the Plaintiff's appeal from the magistrate court's decision denying a motion to set aside a default judgment? (para 2)
Disposition
- The New Mexico Court of Appeals reversed the district court's order dismissing the appeal (para 3).
Reasons
Per Wray J. (Henderson and Yohalem JJ. concurring): The Court found that the district court erred in dismissing the Plaintiff's appeal because the denial of a motion to set aside a default judgment is a final order and appealable, as established in Wooley v. Wicker. The Defendant's memorandum in opposition did not present any new facts, law, or arguments to counter the proposed disposition. Therefore, the Court reversed the district court's order (paras 2-3).