Cross appeal may be taken by giving notice thereof, as provided for appeals, within thirty days after the entry of any appealable judgment, decision or order, or within fifteen days after receipt of notice of appeal or application for writ of error, whichever is later.
History: 1953 Comp., § 21-10-5.1, enacted by Laws 1966, ch. 28, § 40.
ANNOTATIONSCross references. — For when appeals taken, see Rule 12-201 NMRA.
For how appeals taken, see Rule 12-202 NMRA.
Rule controls over statute. — Rule 12-201 NMRA, which requires a party to file cross-appeals not later than ten days following notice of appeal, controls over this section, allowing 15 days to file a cross-appeal. Rodriguez v. McAnally Enters., 1994-NMCA-025, 117 N.M. 250, 871 P.2d 14.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 4 Am. Jur. 2d Appellate Review § 288.
Right to perfect appeal, against party who has not appealed, by cross appeal filed after time for direct appeal has passed, 32 A.L.R.3d 1290.
4 C.J.S. Appeal and Error §§ 27, 262, 270, 348, 353.