This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
A limited liability company (LLC), Hermosillo & Nunez of New Mexico, LLC, sought damages from Andrea Garcia. The LLC, represented by its owner Daniel G. Hermosillo-Lara, appealed a default judgment in its favor, arguing procedural errors in the metropolitan court's handling of the case, including the denial of a hearing on the motion for default judgment and the calculation of damages (paras 1-3).
Procedural History
- Metropolitan Court of Bernalillo County: Default judgment in favor of Plaintiff, ordering Defendant to pay damages (para 1).
Parties' Submissions
- Plaintiff-Appellant: Argued that the metropolitan court erred by not holding a hearing on the motion for default judgment and by miscalculating damages. Also contended that as a single-member LLC, the owner could represent the LLC in a self-represented capacity (paras 2-3).
- Defendant-Appellee: [Not applicable or not found]
Legal Issues
- Whether a self-represented litigant who is not a licensed attorney can represent an LLC on appeal.
- Whether the metropolitan court erred in denying a hearing on the motion for default judgment.
- Whether the metropolitan court erred in calculating and awarding damages.
Disposition
- The Court of Appeals affirmed the metropolitan court's default judgment in favor of the Plaintiff (para 7).
Reasons
Per Hanisee J. (Bogardus and Yohalem JJ. concurring): The court found that the Plaintiff, as a self-represented litigant, failed to demonstrate that the metropolitan court was required to hold a hearing on the motion for default judgment. The rules of civil procedure allow for default judgment without a hearing if the defendant fails to appear or respond. The Plaintiff's argument based on the "pro persona" principle was unsupported by relevant authority. Additionally, the Plaintiff did not provide sufficient evidence or legal authority to challenge the calculation of damages. The court emphasized that it must adhere to the rules set by the Supreme Court and cannot rely on out-of-state authorities or unsupported contentions (paras 2-6).