Legal Opinion
Brazfield v. Mountain States Mutual Casualty Co.
New Mexico Court of Appeals
Decided August 14, 1979No. 3997PublishedCited by 6 opinions
1Opinion of the Court
OPINION
WALTERS, Judge.
Summary judgments were entered on plaintiff-widow’s two-count complaint. Her appeal from judgment on Count I was untimely. Judgment was entered in August 1978, the trial court determining there was no reason to delay a final judgment on that count, R.Civ.P. 54(b)(1), and her notice of appeal was filed more than thirty days later, in January 1979. Rule 3(a), N.M.R. App.R., Civil. When the notice of appeal is not timely filed, the court has no jurisdiction to consider the merits of the issue raised. See Mabrey v. Mobil Oil Corp., 84 N.M. 272, 502 P.2d 297 (Ct.App.1972).…
2Cases cited7 opinions
- Herndon v. Albuquerque Public SchoolsNew Mexico Supreme Court · 1978
- Catlin v. ReedSupreme Court of Oklahoma · 1929
- Mabrey v. Mobil Oil CorporationNew Mexico Court of Appeals · 1972
- Moore v. HallMichigan Supreme Court · 1882
- In Re Ward's EstateNew Mexico Supreme Court · 1943
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Chavez-Rey v. MillerNew Mexico Court of Appeals · 1982
- Martinez v. Wooten Construction Co.New Mexico Court of Appeals · 1989
- Sparks v. Melmar Corp.New Mexico Supreme Court · 1979
- Shain v. BirnbaumNew Mexico Court of Appeals · 1991
- State Ex Rel. Human Services Department v. JassoNew Mexico Court of Appeals · 1987
1 more not listed; retrieve them via the Exa API.