Sinfuego v. Board of County Commissioners for Curry County
33,998
N.M. Ct. App.Jan 6, 2015Background
- Petitioner Amanda L. Sinfuego sought certiorari review of the district court’s order dismissing the petition and quashing the writ regarding a Curry County personnel decision.
- The district court dismissed Sinfuego’s petition arising from the termination of her employment by Curry County.
- The Court issued an order granting the petition for writ of certiorari and proposed summary reversal; Respondent opposed.
- Respondent argued Curry County Policy allows a direct appeal in district court, not a writ of certiorari under Rules 1-074/1-075 NMRA.
- The Court noted review is under certiorari standards mirroring NMSA 1978, §39-3-1.1(D), and that the petition was timely filed (sixteen days after the adverse decision).
- The opinion emphasizes administrative/quasi-judicial nature of the county’s decision and remands for merits review under certiorari standards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petition for certiorari was proper versus a direct appeal | Sinfuego treated it as certiorari review | County argues a direct appeal via policy rights | Petition proper; certiorari standards apply |
| Whether Curry County Policy conferred a statutory right to appeal | Policy may support appeal rights but not require direct appeal | Policy creates a direct appeal route | Unsupported as dispositive; certiorari review appropriate |
| Whether timely filing and procedural requirements were satisfied | Filed timely under policy or Rule timeframes | Arguments about timeliness and form were insufficient | Timeliness satisfied; district court should address merits on the record |
Key Cases Cited
- Wakeland v. N.M. Dep't of Workforce Solutions, 274 P.3d 766 (2012-NMCA-021) (courts tolerate non-conforming filings if intent and prejudice are absent)
- Audette v. City of Truth or Consequences, 270 P.3d 1273 (2012-NMCA-011) (docketing statements filed timely can support merits review despite non-conformity)
- Govich v. N. Am. Sys., Inc., 112 N.M. 226, 814 P.2d 94 (1991-NMSC-061) (notice of appeal can be effective even with defects if jurisdictional requirements met and no prejudice)