Trujillo v. Hilton of Santa Fe

851 P.2d 1065, 115 N.M. 398
CourtNew Mexico Court of Appeals
DecidedMarch 11, 1993
Docket14127
StatusPublished
Cited by8 cases

This text of 851 P.2d 1065 (Trujillo v. Hilton of Santa Fe) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Trujillo v. Hilton of Santa Fe, 851 P.2d 1065, 115 N.M. 398 (N.M. Ct. App. 1993).

Opinion

OPINION

MINZNER, Judge.

Worker appeals from the compensation order entered by the workers’ compensation judge (WCJ) awarding compensation benefits and from the subsequent order awarding attorney fees; Respondents cross-appeal from the order awarding attorney fees to Worker. Respondents have moved to dismiss Worker’s appeal from the compensation order on the ground that the notice of appeal was not timely filed.

Respondents’ motion raises a question of critical importance to injured workers and their attorneys: whether, under Kelly Inn No. 102, Inc. v. Kapnison, 113 N.M. 231, 824 P.2d 1033 (1992), a compensation order of the Workers’ Compensation Administration (Administration) awarding compensation and medical benefits but not resolving the issue of attorney fees is a final order for purposes of appeal. For the reasons discussed below, we hold that Worker’s time to file her notice of appeal ran from the date of the compensation order. See NMSA 1978, § 52-5-8(A) (Repl.Pamp.1991); Tzortzis v. County of Los Alamos, 108 N.M. 418, 773 P.2d 363 (Ct.App.1989). Because no extensions of time were requested from or granted by this Court, see SCRA 1986, 12-201(E) & 12-601(C) (Repl.1992), Worker had thirty days from the date of the compensation order to file her notice of appeal with this Court. The notice of appeal having been filed more than thirty days after the compensation order, we grant Respondents’ motion to dismiss Worker’s appeal as untimely filed. See Govich v. North Am. Sys., Inc., 112 N.M. 226, 230, 814 P.2d 94, 98 (1991) (timely filing of the notice of appeal is mandatory).

During calendaring, Worker indicated that her appeal of the attorney fee award was intended to preserve her entitlement to additional fees if this Court reversed the WCJ on the issues concerning the aggravation of her diabetic condition by the accidental injury. In view of our disposition of her appeal from the compensation order, we do not discuss her appeal from the attorney fees award further.

The cross-appeal raises several issues. Respondents indicate that they have been persuaded that the first issue is of minor significance. We construe it to have been abandoned. See State v. Johnson, 107 N.M. 356, 758 P.2d 306 (Ct.App.1988); State v. Martinez, 97 N.M. 585, 642 P.2d 188 (Ct.App.1982). In the remaining issues, Respondents argue that this Court should remand the case to the Administration for entry of findings and conclusions on the factors that are considered by the WCJ in determining the amount of attorney fees. For the reasons that follow in the discussion of the cross-appeal, we hold that Respondents failed to preserve any error with respect to the attorney fees award.

APPEAL.

On August 10, 1990, Worker suffered an accidental injury to her tailbone. Her claim for benefits was filed with the WCA on December 10, 1990. Briefly, the claim alleged that Worker fell at work, breaking her tailbone, and that the injury aggravated her preexisting diabetic condition. Ultimately a formal hearing was held on the matter. On June 16, 1992, the WCJ filed findings of fact and conclusions of law, awarding Worker temporary total disability benefits and medical benefits for the broken tailbone, but rejecting her claim that the injury had aggravated her diabetic condition. On June 25, 1992, the WCJ filed a compensation order ordering that Worker be paid compensation consistent with the findings of fact and conclusions of law previously filed.

On June 26, 1992, Worker filed a motion for attorney fees. The WCJ held a hearing on the issue, and on July 20, 1992, filed an order awarding attorney fees to Worker. On August 4,1992, Worker filed a notice of appeal in this Court, indicating that she was appealing both the compensation order and the order on attorney fees.

On August 13, 1992, Respondents moved to dismiss Worker’s appeal, arguing that the notice of appeal was not timely with respect to Worker’s attempt to appeal from the compensation order. Our first and second calendar notices proposed to grant the motion to dismiss. Worker has filed timely memoranda in opposition to both calendar notices.

In her latest response, Worker argues that this case should be assigned to either a general or a limited calendar for full briefing; she also requests oral argument. However, summary disposition is appropriate when the dispositive facts are clear and the parties have had an opportunity to express their views. See Garrison v. Safeway Stores, 102 N.M. 179, 692 P.2d 1328 (Ct.App.1984). The dispositive facts in this case are clear on the record. Worker’s memoranda in opposition have been extensively researched and well argued. Moreover, we agree with Worker that it is important to resolve this issue expeditiously and by a published opinion because our ruling will have a substantial impact on the handling of appeals in workers’ compensation cases. We do not think oral argument is necessary. Under these circumstances, we think assignment of this case to the general calendar would add nothing but delay to these proceedings.

In Kelly Inn, our Supreme Court adopted the following guidelines to determine the finality of an order or judgment for purposes of appeal:

Where a judgment declares the rights and liabilities of the parties to the underlying controversy, a question remaining to be decided thereafter will not prevent the judgment from being final if resolution of that question will not alter the judgment or moot or revise decisions embodied therein. Where a postjudgment request, such as one for attorney’s fees, raises issues “collateral to” and “separate from” the decision on the merits, such a request will not destroy the finality of the decision; proceedings to carry out or give effect to the judgment do not render the judgment nonfinal, because the trial court always retains jurisdiction to enforce its unsuperseded judgment. [Citations omitted.]

113 N.M. at 238, 824 P.2d at 1040. In so holding, the Supreme Court specifically overruled Watson v. Blakely, 106 N.M. 687, 748 P.2d 984 (Ct.App.1987), and Johnson v. C & H Construction Co., 78 N.M. 423, 432 P.2d 267 (Ct.App.1967), to the extent that those cases could be read to hold that a judgment was not final because an issue concerning attorney fees remained to be resolved. 113 N.M. at 239, 824 P.2d at 1041. The Court made it clear that the pendency of an issue concerning attorney fees did not destroy the finality of a judgment, regardless of whether the claim for fees was “conceptualized as part of the relief afforded by the statute or other governing rule or contract.” Id.

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851 P.2d 1065, 115 N.M. 398, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trujillo-v-hilton-of-santa-fe-nmctapp-1993.