Labansky v. Labansky

In this domestic relations case, husband appeals from the district courts denial of his motion for reconsideration or for a new trial. Husband also seeks to appeal from the trial courts decree dissolving the marriage of the parties and the underlying judgment. Our calendar notice, filed April 20, 1988, proposed summary dismissal of husbands appeal, since the denial of a motion for a new trial is not an appealable order, and because husbands notice of appeal was not timely filed after entry of the underlying judgment. Husband responded to the calendar notice with a memorandum in opposition, filed May 4, 1988, one day late. See SCRA 1986, 12-210(E)(3); & 12-308. Nonetheless, we consider the contentions husband has advanced therein. See Olguin v. State, 90 N.M. 303, 563 P.2d 97 (1977). We are not persuaded by the argument and authority submitted and dismiss the appeal.