Rosales v. State Taxation & Revenue Department

OPINION

FRY, Judge.

{1} Thirty days after the district court entered an order reinstating Petitioner Gilbert Rosales, Sr.’s driving privileges, the Motor Vehicle Division (the Division) filed a motion for reconsideration. The district court declined to consider the merits of the Division’s motion and instead ruled that the motion was deemed denied as a matter of law pursuant to the automatic denial provision in NMSA 1978, Section 39-1-1 (1917), because the court had failed to rule on the motion within thirty days of its filing. We conclude that the district court erroneously applied the…