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-Appellant filed a case against the State of New Mexico Department of Transportation (Defendant-Appellee). The specific facts and events leading to the dispute are not detailed in the decision.
Procedural History
- District Court of Santa Fe County: The district court ruled in favor of the Defendant-Appellee. (headnotes)
Parties' Submissions
- Appellant: Filed a motion for rehearing, arguing that their counsel had not received the calendar notice of proposed summary disposition. Subsequently, submitted a memorandum opposing the proposed summary disposition, albeit untimely.
- Appellee: [Not applicable or not found]
Legal Issues
- Whether the Appellant’s untimely memorandum opposing the proposed summary disposition should be considered.
Disposition
- The Court of Appeals affirmed the district court’s decision.
Reasons
Per Sutin J. (Castillo and Vigil JJ. concurring):
The Court initially proposed a summary affirmance of the district court’s decision, as no memorandum opposing the proposed disposition was filed by the Appellant. After granting a motion for rehearing due to the Appellant’s claim of not receiving the calendar notice, the Court set a new deadline for filing a response. However, the Appellant’s memorandum opposing the proposed summary disposition was filed well past the deadline. The Court issued an Order to Show Cause, and upon reviewing the Appellant’s response, determined that the untimely memorandum would not be considered. Consequently, the Court affirmed the district court’s decision.