Legal Opinion

James v. New Mexico Human Services Department

New Mexico Court of Appeals

Decided September 9, 1987No. 9984PublishedCited by 9 opinions

1Opinion of the Court

OPINION

GARCIA, Judge.

Appellant appeals the fair hearing decision of the Human Services Department (HSD) denying her benefits. The fair hearing decision notice was dated April 28, 1987, and was received by appellant’s representative on April 29, 1987. The notice of appeal was filed in this court on May 29, 1987. HSD moved to dismiss the appeal because the notice of appeal was not timely filed. We agree and dismiss the appeal.

The issue here requires resolution of a conflict between a rule and a statute. SCRA 1986, 12-601(A) provides that:

Notwithstanding any other provision of law, direct…

2Cases cited10 opinions

  1. Alexander v. Delgado Ex Rel. DelgadoNew Mexico Supreme Court · 1973
  2. State v. ArnoldNew Mexico Supreme Court · 1947
  3. Angel Fire Corp. v. C. S. Cattle Co.New Mexico Supreme Court · 1981
  4. Garrison Ex Rel. Estate of Garrison v. Safeway StoresNew Mexico Court of Appeals · 1984
  5. Miller v. DoeNew Mexico Supreme Court · 1962

5 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Maples v. StateNew Mexico Supreme Court · 1990
  2. Herrera v. Las Cruces Public SchoolsCourt of Appeals for the Tenth Circuit · 2017
  3. Martinez v. SedilloNew Mexico Court of Appeals · 2005
  4. Tzortzis v. County of Los AlamosNew Mexico Court of Appeals · 1989
  5. State v. JohnsonNew Mexico Court of Appeals · 2008

4 more not listed; retrieve them via the Exa API.

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