Astrauskas v. Tafoya

Defendant filed a motion requesting this court to reverse and remand this cause for a new trial, asserting that from the short record and papers on file in this court it is apparent that error was committed. Defendant claims that the trial court, over objection, commenced the trial without a court file; that the file was not located during the trial and remains missing; that the court, ex parte, granted a motion for new trial but later vacated its order and reinstated the judgment against the defendant.

Plaintiff filed a motion to dismiss defendant’s appeal for failure to file a notice of…