White v. Singleton

I dissent.

A. This Court lacks jurisdiction to decide this case.(1) Extension of time for appeal was erroneous.

Judgment was entered on November 4, 1974. On December 5, 1974, after the expiration of 30 days, plaintiffs moved to extend the time for appeal pursuant to Rule 3(h) of Rules Governing Appeals. Section 21-12-3(h), N.M.S.A.1953 (Int.Supp.1974). This motion was not served on defendant. The following morning, absent defendant, the trial court granted the motion and extended the time. This order was not served on defendant.

Rule 3(h) provides in part:

Upon a showing of excusable neglect or…