Marquez v. Gomez, 19392
| Decision Date | 26 November 1990 |
| Docket Number | No. 19392,19392 |
| Citation | 111 N.M. 14,1990 NMSC 101,801 P.2d 84 |
| Parties | Ramon MARQUEZ and Viola Marquez, Individually and as Personal Representatives of the Estate of Ronald Joseph Marquez, Deceased, Petitioners, v. Luis GOMEZ and Mrs. Luis Gomez, his wife, Individually and as next friends of Felipe Gomez, their son Felipe Gomez, Rudy Gonzales and Little League Baseball, Inc., Respondents. |
| Court | New Mexico Supreme Court |
We granted certiorari to review an order dismissing with prejudice the appeal filed in the court of appeals by Ramon and Viola Marquez. By calendaring statement filed December 28, 1988, the court of appeals had proposed summary reversal of the trial court's order granting summary judgment against the Marquezes. Then, as a result of this Court's opinion in Lowe v. Bloom, 110 N.M. 555, 798 P.2d 156 (1990) (), filed June 28, 1990, the court of appeals directed Marquezes to show cause why their appeal should not be dismissed for failure to timely file notice of appeal in the district court.
Ruling that it was bound by precedents of this Court, Alexander v. Delgado, 84 N.M. 717, 507 P.2d 778 (1973), the court of appeals held that Marquezes' mailing copies of their notice of appeal to the parties required to be served under Rule 12-202(D), and serving only their docketing statement on the district court clerk as required by Rule 12-208(B), were jurisdictional defects, and not technical errors.
In Lowe, a four-justice majority of this Court was of the opinion that the concept of timely filing under Rule 12-201 includes substantial compliance with the applicable place-of-filing requirements of Rule 12-202(A). Otherwise, the dissenting opinion of Justice Montgomery expressed the sentiments of this Court regarding the policy of facilitating a litigant's right to appeal and our liberal construction of rules in order that cases on appeal may be heard on their merits.
Unlike the appellants in Lowe, the Marquezes filed a copy of a docketing statement with the district court clerk within the extension of time allowed by the district court for filing a notice of appeal. Therefore, any objections to the insufficiency of the filing must go to its content and not, as was the case in Lowe, to the place the notice was filed or delivered. Rule 12-312(C) provides that an appeal within the time limits shall not be dismissed for technical violations of Rule 12-202 which do not affect the substantive rights of the parties.
Germane is the provision of Rule 12-202(B) that:
The notice of appeal shall specify:
(1) each party taking the appeal;
(2) each party against whom the appeal is taken;
(3) the...
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Govich v. North American Systems, Inc.
...construing technical deficiencies in a notice of appeal otherwise satisfying the time and place of filing requirements. Marquez v. Gomez, 111 N.M. 14, 801 P.2d 84 (1990). The constitutional mandate that "an aggrieved party shall have the absolute right to one appeal" evinces the strong poli......
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Southwest Research v. State
...Southwest Research filed a docketing statement in this Court within 30 days of the Secretary's letter. See Marquez v. Gomez, 111 N.M. 14, 15, 801 P.2d 84, 85 (1990) (construing docketing statement filed with district court clerk as satisfying requirements for notice of appeal). Accordingly,......
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English v. English
...by liberally construing technical deficiencies in notice which otherwise satisfies time and place requirements); Marquez v. Gomez, 111 N.M. 14, 15, 801 P.2d 84, 85 (1990) (held docketing statement substantially complied with and substituted for notice of appeal); but see Lowe v. Bloom, 110 ......
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Board of County Com'rs, Luna County v. Ogden
...by our Supreme Court's decisions in Govich v. North American Systems, Inc., 112 N.M. 226, 814 P.2d 94 (1991), and Marquez v. Gomez, 111 N.M. 14, 801 P.2d 84 (1990). In Marquez, our Supreme Court indicated that an appeal is not to be dismissed for technical violations of SCRA 12-202 that do ......