(DOWNLOAD) "Lowe V. Bloom" by New Mexico Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: Lowe V. Bloom
- Author : New Mexico Supreme Court
- Release Date : January 28, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Appeal purportedly was taken to the court of appeals from a summary judgment entered on October 3, 1989. The case subsequently was transferred to this Court pursuant to NMSA 1978, Section §34-5-10 (Repl. Pamp. 1981), which provides for the transfer of misfiled appeals from the court of appeals. Appellees moved to dismiss for jurisdictional defect because appellant failed to properly file notice of appeal with the clerk of the district court within thirty days as provided by SCRA 1986, 12-201, - 202(A). Appellant instead had filed the original and one copy of the notice of appeal with the clerk of the court of appeals on or about October 5, 1989. At the same time, pursuant to Rule 12-202(D)(3), appellant mailed copies of this notice to appellees' counsel and the trial judge in Carlsbad. Notice was not filed with the district court clerk until March 12, 1990. Nonetheless, appellant contends that he has substantially complied with the requirements of the appellate rules, that appellees' substantive rights have not been prejudiced, and that his mistake constituted a technical violation of Rule 12-202 which, under Rule 12-312, should not result in dismissal of his appeal. We disagree.
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