Opinion
NO. 32,548
12-11-2013
MARY PATRICIA HYNOSKI, Plaintiff-Appellant, v. ATWOOD, MALONE, TURNER & SABIN, P.A., ATTORNEY CARLA WILLIAMS, ATTORNEY ROD SCHUMACHER, DR. JOHN HARMSTON, M.D., P.C., LEA REGIONAL MEDICAL CENTER, LLC d/b/a LEA REGIONAL MEDICAL CENTER, and MR. TIM THORNELL, Administrative Director of Lea Regional Medical Center, Defendants-Appellees.
Mary Patricia Hynoski Santa Fe, NM Pro Se Appellant Butt, Thornton & Baehr, P.C. Alfred L. Green, Jr. Albuquerque, NM for Appellees Atwood, Malone, Turner & Sabin, P.A. and Carla Williams
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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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 SANTA FE COUNTY
Sarah M. Singleton, District Judge Mary Patricia Hynoski
Santa Fe, NM Pro Se Appellant Butt, Thornton & Baehr, P.C.
Alfred L. Green, Jr.
Albuquerque, NM for Appellees Atwood, Malone, Turner & Sabin, P.A. and Carla Williams
MEMORANDUM OPINION
VIGIL, Judge. {1} Plaintiff is appealing from a district court order filed during the course of the litigation. We issued a calendar notice proposing to dismiss. Plaintiff has filed a memorandum in opposition and a motion to supplement the record. We hereby deny Plaintiff's motion and dismiss the appeal.
As we indicated in our calendar notice, this case is related to another appeal that was addressed by this Court. The final judgment in the related case of Ct. App. No. 32,743 was filed on January 8, 2013, and appears to involve the attorney defendants. [RP 1156-58] The notice of appeal in the current case, docketed as Ct. App. No. 32,548, was filed on November 1, 2012, and indicated that Plaintiff was appealing from a June 12, 2012 order. [RP 1122] There is no final order on that date with respect to any of the other parties. [RP 503-512] This Court's jurisdiction lies from final, appealable orders. See Kelly Inn No. 102, Inc. v. Kapnison, 1992-NMSC-005, ¶ 21, 113 N.M. 231, 824 P.2d 1033; see also Montoya v. Anaconda Mining Co., 1981-NMCA-113, ¶ 20, 97 N.M. 1, 635 P.2d 1323 (observing that an appellate court will raise jurisdictional questions on its own motion), overruled on other grounds as recognized by San Juan 1990-A., L.P. v. El Paso Prod. Co., 2002-NMCA-041, 132 N.M. 73, 43 P.3d 1083. An order is final if all issues of law and fact necessary to be determined have been determined and the case is disposed of by the district court to the fullest extent possible. See Kelly Inn, ¶ 14. Nor is there any final judgment in the record filed within 30 days of her notice of appeal. See Rule 12-201(A)(2) NMRA.
Plaintiff's memorandum in opposition has not pointed out any error in fact or law in our calendar notice. See Hennessy v. Duryea, 1998-NMCA-036, ¶ 24, 124 N.M. 754, 955 P.2d 683 ("Our courts have repeatedly held that, in summary calendar cases, the burden is on the party opposing the proposed disposition to clearly point out errors in fact or law."). Specifically, Plaintiff has not referred us to a final order that was filed within thirty days of her November 1, 2012 appeal. Because Plaintiff has not indicated that she timely filed a notice of appeal from a final judgment, we dismiss the appeal. See Govich v. North Am. Sys., Inc., 1991-NMSC-061, ¶ 12, 112 N.M. 226, 814 P.2d 94 (stating that compliance with notice of appeal time and place requirements are mandatory preconditions to exercise of appellate jurisdiction).
IT IS SO ORDERED.
/s/ _________
MICHAEL E. VIGIL, Judge
WE CONCUR:
/s/ _________
RODERICK T. KENNEDY, Chief Judge /s/ _________
J. MILES HANISEE, Judge