Narrative Opinion Summary
Claimant Constantine Tzortzis moved to dismiss the appeal filed by the County of Los Alamos and the New Mexico Self-Insurer's Fund, arguing that their notice of appeal was untimely. The Court of Appeals of New Mexico agreed, referencing NMSA 1978, Section 52-5-8(A), which allows a party to file a notice of appeal within thirty days of mailing the final order. However, SCRA 1986, 12-601(A) states that direct appeals must be filed within thirty days from the date of the order, and the court determined that the rule governs when there is a conflict with the statute. Respondents had the option to seek an extension of time but failed to do so within the allowed timeframe. Consequently, the court granted the claimant's motion and dismissed the appeal. Judges Donnelly and Apodaca concurred with the decision.
Legal Issues Addressed
Extension of Time for Filing Appealsubscribe to see similar legal issues
Application: Respondents did not seek an extension of time within the allowed timeframe, leading to the dismissal of their appeal.
Reasoning: Respondents had the option to seek an extension of time but failed to do so within the allowed timeframe. Consequently, the court granted the claimant's motion and dismissed the appeal.
Timeliness of Notice of Appealsubscribe to see similar legal issues
Application: The court determined that the notice of appeal was untimely as it was not filed within the required thirty-day period from the date of the order as stated by SCRA 1986, 12-601(A).
Reasoning: The Court of Appeals of New Mexico agreed, referencing NMSA 1978, Section 52-5-8(A), which allows a party to file a notice of appeal within thirty days of mailing the final order. However, SCRA 1986, 12-601(A) states that direct appeals must be filed within thirty days from the date of the order, and the court determined that the rule governs when there is a conflict with the statute.