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 concerns the division of marital property between the Petitioner (Wife) and the Respondent (Husband) following the dissolution of their marriage. The dispute arose over the district court's judgment regarding the distribution of assets, which the Husband sought to challenge through a motion to reconsider. The Wife opposed this motion, leading to the current appeal and cross-appeal.

Procedural History

• District Court, March 16, 2009: Issued a judgment and order regarding the disposition of the parties' marital property.
• District Court, June 10, 2009: Denied the Husband's motion to reconsider, stating it was deemed denied by operation of law under Section 39-1-1.

Parties' Submissions

• Appellant (Husband): Argued that the district court erred in determining that his motion to reconsider was deemed denied by operation of law under Section 39-1-1. He contended that the 2006 amendment to Rule 1-054.1 NMRA superseded the automatic denial provision of Section 39-1-1.
• Appellee (Wife): Asserted that the appellate court was overextending the holding in Albuquerque Redi-Mix, Inc. and argued that the automatic denial provision of Section 39-1-1 should still apply when motions are filed under that statute, as opposed to motions made under the Rules of Civil Procedure.

Legal Issues

• Whether the district court erred in applying the "deemed denied" provision of Section 39-1-1 to the Husband's motion to reconsider.
• Whether the 2006 amendment to Rule 1-054.1 NMRA supersedes the automatic denial provision of Section 39-1-1.

Disposition

• The Court of Appeals reversed the district court's decision and remanded the case with instructions for the district court to consider the merits of the Husband's motion to reconsider.

Reasons

Per Wechsler J. (Fry CJ and Vigil J. concurring):

The Court found that the district court erred in applying the "deemed denied" provision of Section 39-1-1 to the Husband's motion to reconsider. The 2006 amendment to Rule 1-054.1 NMRA explicitly superseded the automatic denial provision of Section 39-1-1. The Court relied on precedent, including Albuquerque Redi-Mix, Inc. and Grygorwicz v. Trujillo, which clarified that post-judgment motions challenging a district court's determination of the parties' rights remain pending until expressly resolved by the court. The Court rejected the Wife's argument that the supersession of the "deemed denied" provision was limited to motions made under the Rules of Civil Procedure, as case law and the rules themselves do not support this interpretation. Consequently, the Court reversed and remanded the case for the district court to consider the merits of the Husband's motion to reconsider.