Eker Bros., Inc. v. Rehders ( 2010 )

1 This memorandum opinion was not selected for publication in the New Mexico Reports. Please see 2 Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please 3 also note that this electronic memorandum opinion may contain computer-generated errors or other 4 deviations from the official paper version filed by the Court of Appeals and does not include the 5 filing date. 6 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 7 EKER BROTHERS, INC., 8 Plaintiff-Counterdefendant/ 9 Appellant, 10 v. NO. 30,163 11 JOHN G. REHDERS, 12 GENERAL CONTRACTOR, INC., 13 Defendant-Counterclaimant/ 14 Appellee. 15 APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY 16 Daniel A. Sanchez, District Judge 17 Sommer, Udall, Sutin, Hardwick 18 & Hyatt, P.A. 19 William H. Lazar 20 Tesuque, NM 21 Sommer, Udall, Sutin, Hardwick 22 & Hyatt, P.A. 23 Kurt A. Sommer 24 Candice Lee 25 Santa Fe, NM 26 for Appellant 27 McClaugherty & Silver, P.C. 28 Joe L. McClaugherty 29 Tamara R. Safarik 30 Santa Fe, NM 1 for Appellee 2 1 MEMORANDUM OPINION 2 FRY, Chief Judge. 3 Appellant appeals the award of costs in this case. We proposed to dismiss the 4 appeal because the notice of appeal was not timely filed. We have received a response 5 from Appellant in which Appellant claims that it was error for the district court to 6 deny Appellant’s motion for extension of time to file the notice of appeal, and 7 therefore, we should not dismiss this appeal. As discussed in our opinion in Ekers 8 Brothers, Inc. v. John Gl. Rehders, General Contractor, No. 30,245, we have 9 affirmed the district court’s ruling on Appellant’s motion. Because the motion for 10 extension to file the notice of appeal was properly denied, Appellant’s notice of appeal 11 was untimely. 12 CONCLUSION 13 For the reasons discussed in this opinion and in our calendar notice, we dismiss 14 Appellant’s appeal. 15 IT IS SO ORDERED. 16 17 CYNTHIA A. FRY, Chief Judge 3 1 WE CONCUR: 2 3 JAMES J. WECHSLER, Judge 4 5 CELIA FOY CASTILLO, Judge 4