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 a dispute between a contractor and a construction company regarding costs. The construction company sought to appeal an award of costs, but the appeal was dismissed due to procedural issues related to the timeliness of the notice of appeal.
Procedural History
- District Court, Santa Fe County: The district court denied the construction company’s motion for an extension of time to file a notice of appeal.
Parties' Submissions
- Appellant (Eker Brothers, Inc.): Argued that the district court erred in denying its motion for an extension of time to file the notice of appeal. (headnotes)
- Appellee (John G. Rehders, General Contractor, Inc.): [Not applicable or not found]
Legal Issues
- Was the district court correct in denying the appellant’s motion for an extension of time to file the notice of appeal?
Disposition
- The appeal was dismissed as the notice of appeal was untimely. (headnotes)
Reasons
Per Cynthia A. Fry, Chief Judge (Wechsler and Castillo JJ. concurring):
The court found that the district court properly denied the appellant’s motion for an extension of time to file the notice of appeal. As a result, the notice of appeal was untimely, and the appeal was dismissed. The reasoning aligns with the court’s prior decision in Eker Brothers, Inc. v. John G. Rehders, General Contractor, No. 30,245, which affirmed the district court’s ruling on the motion for an extension. (headnotes)