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City of Albuquerque ex rel. Albuquerque Police Dep't v. 1996 Dodge P/U Silver

COURT OF APPEALS OF THE STATE OF NEW MEXICO
Jul 7, 2016
NO. 35,446 (N.M. Ct. App. Jul. 7, 2016)

Opinion

NO. 35,446

07-07-2016

CITY OF ALBUQUERQUE, ex rel. ALBUQUERQUE POLICE DEPARTMENT, Plaintiff-Appellee, v. ONE (1) 1996 DODGE P/U SILVER, VIN: 1B7HF16ZXTJ191924, NEW MEXICO LICENSE # 294RLJ, Defendant, and DIANNA WALLER, Claimant-Appellant.

City of Albuquerque Legal Department Jessica Hernandez, City Attorney Kyle Hibner, Assistant City Attorney Albuquerque, NM for Appellee Dianna Wallen Albuquerque, NM Pro Se Appellant


This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY
Alan M. Malott, District Judge City of Albuquerque Legal Department
Jessica Hernandez, City Attorney
Kyle Hibner, Assistant City Attorney
Albuquerque, NM for Appellee Dianna Wallen Albuquerque, NM Pro Se Appellant

MEMORANDUM OPINION

WECHSLER, Judge. {1} Claimant-Appellant Dianna Waller (Appellant) has sought to appeal from an order granting forfeiture pursuant to the City of Albuquerque's DWI-related civil forfeiture ordinance. We previously issued a notice of proposed summary disposition in which we proposed to dismiss. Defendant has filed a memorandum in opposition. After due consideration, we remain unpersuaded. {2} As we previously observed, the filing of a timely notice of appeal is a mandatory precondition to this Court's jurisdiction. In re Yalkut, 2008-NMSC-009, ¶ 24, 143 N.M. 387, 176 P.3d 1119 (per curiam). In this case, Appellant filed her notice of appeal nearly a month late. We therefore proposed to dismiss. See, e.g., Chavez v. U-Haul Co. of N.M., 1997-NMSC-051, ¶¶ 19-22, 124 N.M. 165, 947 P.2d 122 (declining to hear an appeal filed thirty days late). {3} In her memorandum in opposition Appellant offers neither any basis for extending the filing deadline nor any justification for the delay. [MIO 2] Instead, we understand Appellant to invite the Court to consider the "extensive facts" and the merits of the appeal notwithstanding the untimely filing. [MIO 29A] We decline. {4} Accordingly, for the reasons stated above and in the notice of proposed summary disposition, we dismiss.

{5} IT IS SO ORDERED.

/s/ _________

JAMES J. WECHSLER, Judge

WE CONCUR:

/s/ _________
LINDA M. VANZI, Judge /s/ _________
J. MILES HANISEE, Judge


Summaries of

City of Albuquerque ex rel. Albuquerque Police Dep't v. 1996 Dodge P/U Silver

COURT OF APPEALS OF THE STATE OF NEW MEXICO
Jul 7, 2016
NO. 35,446 (N.M. Ct. App. Jul. 7, 2016)
Case details for

City of Albuquerque ex rel. Albuquerque Police Dep't v. 1996 Dodge P/U Silver

Case Details

Full title:CITY OF ALBUQUERQUE, ex rel. ALBUQUERQUE POLICE DEPARTMENT…

Court:COURT OF APPEALS OF THE STATE OF NEW MEXICO

Date published: Jul 7, 2016

Citations

NO. 35,446 (N.M. Ct. App. Jul. 7, 2016)