[Download] "Martinez v. Wooten Construction Co." by New Mexico Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Martinez v. Wooten Construction Co.
- Author : New Mexico Court of Appeals
- Release Date : January 31, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Respondents rely on the provisions of Rules 12-201(A) and 12-601, which require that the notice of appeal shall be filed within thirty days "with the appellate court clerk." See R. 12-601(A). Similarly, NMSA 1978, Section 52-5-8(A) (Repl. Pamp. 1987) provides that in workers compensation cases a notice of appeal shall be filed with the court of appeals, "within thirty days of mailing of the final order of the hearing officer." Respondents also rely upon Tzortzis v. County of Los Alamos, 108 N.M. 418, 773 P.2d 363 (Ct. App. 1989), Chavez-Rey v. Miller, 99 N.M. 377, 658 P.2d 452 (Ct. App. 1982), and Brazfield v. Mountain States Mut. Casualty Co., 93 N.M. 417, 600 P.2d 1207 (Ct. App. 1979), which hold that failure to file a notice of appeal within thirty days of the entry of a final order is jurisdictional. These cases, however, focus upon the timeliness of the filing of a notice of appeal, not whether the notice of appeal was filed with the proper court. The notice of appeal in the instant case was filed with the Division within thirty days of the final order sought to be appealed and a copy of the notice was timely served upon respondents.