TRY ME!
Motion For Stay Denial
Summary
A motion for stay must first be denied by the district court before being considered by the appellate court under Rule 12-207(B) NMRA. The appellants motion was not properly before the district court, and no denial occurred. The appellants opposition was not a motion for stay, and procedural fairness concerns were not addressed. Proper notice is crucial, especially for pro se litigants, and was lacking in this case. The appellant is prepared to provide a bond if required, and the district courts order quashing the writ of execution supports the need for appellate review.Full Conversation
Please help drafring a response to this motion: I. The Motion for Stay is premature and should therefore be denied.
*. Rule *-*(B) NMRA is clear: a party may not make an application to the appellate court for
a stay of a judgment until an application has first been made to, and denied by, the district
court.
*. No motion for stay has yet been properly before the District Court in this matter and therefore
no denial of such a motion has been made.
*. Rule *-*(B) NMRA requires a movant to state in their motion to the appellate court that
the district court has already denied an application for stay of judgment. Given the procedural
posture of this matter, the Motion for Stay does not, and indeed could not, contain such a
Hi Mauro! Here's a draft response to the motion:
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Response to Motion for Stay
I. The Motion for Stay is premature and should therefore be denied.
*. Rule *-*(B) NMRA is explicit: a party must first apply to the district court for a stay before petitioning the appellate court.
*. There has been no application for a stay made to the District Court in this case, and hence no denial.
*. Rule *-*(B) NMRA mandates that a motion to the appellate court must confirm the district court's denial of a stay application. Given the current procedural status, the Motion for Stay cannot fulfill this requirement.
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Do you need any further adjustments or additional points?
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Response to Motion for Stay
I. The Motion for Stay is premature and should therefore be denied.
*. Rule *-*(B) NMRA is explicit: a party must first apply to the district court for a stay before petitioning the appellate court.
*. There has been no application for a stay made to the District Court in this case, and hence no denial.
*. Rule *-*(B) NMRA mandates that a motion to the appellate court must confirm the district court's denial of a stay application. Given the current procedural status, the Motion for Stay cannot fulfill this requirement.
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Do you need any further adjustments or additional points?
This is the second part of thier motion: If Plaintiff-Appellant Mauro Nava (“Appellant” or “Nava”) is arguing, via his mere
attachment to his Motion for Stay the District Court’s November *, * Order Denying
Motion in Opposition to Application for Writ of Execution, that said Order should constitute a
denial of an application for stay sufficient to enable him to file a motion pursuant to Rule *-
*(B) NMRA, such an argument should not be persuasive to the Court because Nava’s
Motion in Opposition to Application for Writ of Execution (“Motion in Opposition”), which
was filed in the District Court on July *, *, was not a motion for stay.
*. Rather, as demonstrated by the very title of the Motion in Opposition, the arguments made
therein, and the Affidavits filed therewith, it was a motion arguing that the Writ of Execution
sought by the Appellee could not issue because Nava had allegedly not been served with a
Draft Response (Second Part):
II. The District Court’s November *, * Order does not constitute a denial of a motion for stay.
*. The Order Denying Motion in Opposition to Application for Writ of Execution does not equate to a denial of a stay application.
*. Nava’s Motion in Opposition was filed to contest the issuance of the Writ of Execution based on service issues, not to request a stay.
*. A motion for stay must be explicitly made and denied in the District Court to comply with Rule *-*(B) NMRA.
Do you need further details or adjustments?
II. The District Court’s November *, * Order does not constitute a denial of a motion for stay.
*. The Order Denying Motion in Opposition to Application for Writ of Execution does not equate to a denial of a stay application.
*. Nava’s Motion in Opposition was filed to contest the issuance of the Writ of Execution based on service issues, not to request a stay.
*. A motion for stay must be explicitly made and denied in the District Court to comply with Rule *-*(B) NMRA.
Do you need further details or adjustments?
This is the part * of their motion: copy of the Appellee’s Application for same.
*. Further, the hallmark of a proper (district court level) motion to stay judgment pending appeal,
per Rule *-*(D) NMRA, is the giving of a bond. However, no bond was given with, or even
discussed by, the Motion in Opposition.
*. Indeed, at no time in the last year that this Appeal has been pending has Nava ever offered to
give a bond to the District Court.*
*. Finally, the District Court’s November *, * Order Denying Motion in Opposition to
Application for Writ of Execution cannot constitute a denial of an application for stay sufficient
to enable Nava to file a motion pursuant to Rule *-*(B) NMRA because it was effectively
overturned by the District Court’s December *, * Order Quashing Writ of Execution.
Hi Mauro! Here's a draft response for the third part:
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Response to Motion for Stay
III. The Motion in Opposition does not meet the criteria for a stay under Rule *-*(D) NMRA.
*. Rule *-*(D) NMRA requires a bond for a motion to stay judgment pending appeal, which was neither given nor discussed in the Motion in Opposition.
*. Nava has not offered a bond during the last year while this appeal has been pending.
*. The District Court’s Order Denying Motion in Opposition to Application for Writ of Execution cannot be treated as a denial of a stay application under Rule *-*(B) NMRA, especially since it was overturned by the December *, * Order Quashing Writ of Execution.
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Do you need any further adjustments or additional points?
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Response to Motion for Stay
III. The Motion in Opposition does not meet the criteria for a stay under Rule *-*(D) NMRA.
*. Rule *-*(D) NMRA requires a bond for a motion to stay judgment pending appeal, which was neither given nor discussed in the Motion in Opposition.
*. Nava has not offered a bond during the last year while this appeal has been pending.
*. The District Court’s Order Denying Motion in Opposition to Application for Writ of Execution cannot be treated as a denial of a stay application under Rule *-*(B) NMRA, especially since it was overturned by the December *, * Order Quashing Writ of Execution.
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Do you need any further adjustments or additional points?
I need help responding to this motion, please take into account that i was never informed of the hearing when the writ of execution was granted.
Hi Mauro! Here's your response draft considering you were not informed of the hearing:
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Response to Motion for Stay
I. The Motion for Stay is premature and should be denied.
*. Rule *-*(B) NMRA states a party must first apply to the district court for a stay before petitioning the appellate court.
*. No application for a stay was made to the District Court in this matter, and no denial has occurred.
*. Rule *-*(B) NMRA mandates that a motion to the appellate court must confirm the district court's denial of a stay application. Given the current procedural status, the Motion for Stay cannot fulfill this requirement.
II. The District Court’s November *, * Order does not constitute a denial of a motion for stay.
*. The Order Denying Motion in Opposition to Application for Writ of Execution does not equate to a denial of a stay application.
*. My Motion in Opposition was filed to contest the issuance of the Writ of Execution based on service issues, not to request a stay.
*. A motion for stay must be explicitly made and denied in the District Court to complywith Rule *-*(B) NMRA.
III. The Motion in Opposition does not meet the criteria for a stay under Rule *-*(D) NMRA.
*. Rule *-*(D) NMRA requires a bond for a motion to stay judgment pending appeal, which was neither given nor discussed in the Motion in Opposition.
*. I have not offered a bond during the last year while this appeal has been pending.
*. The District Court’s Order Denying Motion in Opposition to Application for Writ of Execution cannot be treated as a denial of a stay application under Rule *-*(B) NMRA, especially since it was overturned by the December *, * Order Quashing Writ of Execution.
IV. Lack of Notice of Hearing
*. I was never informed of the hearing when the Writ of Execution was granted, which violates due process.
*. Proper notice is a fundamental right, and the lack of it impairs my ability to respond and defend accordingly.
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Do you need any further adjustments or additional points?
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Response to Motion for Stay
I. The Motion for Stay is premature and should be denied.
*. Rule *-*(B) NMRA states a party must first apply to the district court for a stay before petitioning the appellate court.
*. No application for a stay was made to the District Court in this matter, and no denial has occurred.
*. Rule *-*(B) NMRA mandates that a motion to the appellate court must confirm the district court's denial of a stay application. Given the current procedural status, the Motion for Stay cannot fulfill this requirement.
II. The District Court’s November *, * Order does not constitute a denial of a motion for stay.
*. The Order Denying Motion in Opposition to Application for Writ of Execution does not equate to a denial of a stay application.
*. My Motion in Opposition was filed to contest the issuance of the Writ of Execution based on service issues, not to request a stay.
*. A motion for stay must be explicitly made and denied in the District Court to complywith Rule *-*(B) NMRA.
III. The Motion in Opposition does not meet the criteria for a stay under Rule *-*(D) NMRA.
*. Rule *-*(D) NMRA requires a bond for a motion to stay judgment pending appeal, which was neither given nor discussed in the Motion in Opposition.
*. I have not offered a bond during the last year while this appeal has been pending.
*. The District Court’s Order Denying Motion in Opposition to Application for Writ of Execution cannot be treated as a denial of a stay application under Rule *-*(B) NMRA, especially since it was overturned by the December *, * Order Quashing Writ of Execution.
IV. Lack of Notice of Hearing
*. I was never informed of the hearing when the Writ of Execution was granted, which violates due process.
*. Proper notice is a fundamental right, and the lack of it impairs my ability to respond and defend accordingly.
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Do you need any further adjustments or additional points?
Also take into account that I'm a rpo se litigant
Hi Mauro! Here's an updated draft response considering your pro se status:
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Response to Motion for Stay
I. The Motion for Stay is premature and should be denied.
*. Rule *-*(B) NMRA states a party must first apply to the district court for a stay before petitioning the appellate court.
*. No application for a stay was made to the District Court in this matter, and no denial has occurred.
*. Rule *-*(B) NMRA mandates that a motion to the appellate court must confirm the district court's denial of a stay application. Given the current procedural status, the Motion for Stay cannot fulfill this requirement.
II. The District Court’s November *, * Order does not constitute a denial of a motion for stay.
*. The Order Denying Motion in Opposition to Application for Writ of Execution does not equate to a denial of a stay application.
*. My Motion in Opposition was filed to contest the issuance of the Writ of Execution based on service issues, not to request a stay.
*. A motion for stay must be explicitly made and denied in the District Court to comply with Rule *-*(B) NMRA.
III. The Motion in Opposition does not meet the criteria for a stay under Rule *-*(D) NMRA.
*. Rule *-*(D) NMRA requires a bond for a motion to stay judgment pending appeal, which was neither given nor discussed in the Motion in Opposition.
*. I have not offered a bond during the last year while this appeal has been pending.
*. The District Court’s Order Denying Motion in Opposition to Application for Writ of Execution cannot be treated as a denial of a stay application under Rule *-*(B) NMRA, especially since it was overturned by the December *, * Order Quashing Writ of Execution.
IV. Lack of Notice of Hearing
*. I was never informed of the hearing when the Writ of Execution was granted, which violates due process.
*. Proper notice is a fundamental right, and the lack of it impairs my ability to respond and defend accordingly.
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Do you need any further adjustments or additional points?
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Response to Motion for Stay
I. The Motion for Stay is premature and should be denied.
*. Rule *-*(B) NMRA states a party must first apply to the district court for a stay before petitioning the appellate court.
*. No application for a stay was made to the District Court in this matter, and no denial has occurred.
*. Rule *-*(B) NMRA mandates that a motion to the appellate court must confirm the district court's denial of a stay application. Given the current procedural status, the Motion for Stay cannot fulfill this requirement.
II. The District Court’s November *, * Order does not constitute a denial of a motion for stay.
*. The Order Denying Motion in Opposition to Application for Writ of Execution does not equate to a denial of a stay application.
*. My Motion in Opposition was filed to contest the issuance of the Writ of Execution based on service issues, not to request a stay.
*. A motion for stay must be explicitly made and denied in the District Court to comply with Rule *-*(B) NMRA.
III. The Motion in Opposition does not meet the criteria for a stay under Rule *-*(D) NMRA.
*. Rule *-*(D) NMRA requires a bond for a motion to stay judgment pending appeal, which was neither given nor discussed in the Motion in Opposition.
*. I have not offered a bond during the last year while this appeal has been pending.
*. The District Court’s Order Denying Motion in Opposition to Application for Writ of Execution cannot be treated as a denial of a stay application under Rule *-*(B) NMRA, especially since it was overturned by the December *, * Order Quashing Writ of Execution.
IV. Lack of Notice of Hearing
*. I was never informed of the hearing when the Writ of Execution was granted, which violates due process.
*. Proper notice is a fundamental right, and the lack of it impairs my ability to respond and defend accordingly.
---
Do you need any further adjustments or additional points?
Yes! i need to write a response motion to their motion!
Hi Mauro! Here’s your complete draft response to the Motion for Stay, including your pro se status and the lack of notice:
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Response to Motion for Stay
I. The Motion for Stay is premature and should be denied.
*. Rule *-*(B) NMRA states a party must first apply to the district court for a stay before petitioning the appellate court.
*. No application for a stay was made to the District Court in this matter, and no denial has occurred.
*. Rule *-*(B) NMRA mandates that a motion to the appellate court must confirm the district court's denial of a stay application. Given the current procedural status, the Motion for Stay cannot fulfill this requirement.
II. The District Court’s November *, * Order does not constitute a denial of a motion for stay.
*. The Order Denying Motion in Opposition to Application for Writ of Execution does not equate to a denial of a stay application.
*. My Motion in Opposition was filed to contest the issuance of the Writ of Execution based on service issues, not to request a stay.
*. A motion for stay must be explicitlymade and denied in the District Court to comply with Rule *-*(B) NMRA.
III. The Motion in Opposition does not meet the criteria for a stay under Rule *-*(D) NMRA.
*. Rule *-*(D) NMRA requires a bond for a motion to stay judgment pending appeal, which was neither given nor discussed in the Motion in Opposition.
*. I have not offered a bond during the last year while this appeal has been pending.
*. The District Court’s Order Denying Motion in Opposition to Application for Writ of Execution cannot be treated as a denial of a stay application under Rule *-*(B) NMRA, especially since it was overturned by the December *, * Order Quashing Writ of Execution.
IV. Lack of Notice of Hearing
*. I was never informed of the hearing when the Writ of Execution was granted, which violates due process.
*. Proper notice is a fundamental right, and the lack of it impairs my ability to respond and defend accordingly.
*. As a pro se litigant, I rely on receiving timely and accurate information to adequately prepare my defense.
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Do you need any
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Response to Motion for Stay
I. The Motion for Stay is premature and should be denied.
*. Rule *-*(B) NMRA states a party must first apply to the district court for a stay before petitioning the appellate court.
*. No application for a stay was made to the District Court in this matter, and no denial has occurred.
*. Rule *-*(B) NMRA mandates that a motion to the appellate court must confirm the district court's denial of a stay application. Given the current procedural status, the Motion for Stay cannot fulfill this requirement.
II. The District Court’s November *, * Order does not constitute a denial of a motion for stay.
*. The Order Denying Motion in Opposition to Application for Writ of Execution does not equate to a denial of a stay application.
*. My Motion in Opposition was filed to contest the issuance of the Writ of Execution based on service issues, not to request a stay.
*. A motion for stay must be explicitlymade and denied in the District Court to comply with Rule *-*(B) NMRA.
III. The Motion in Opposition does not meet the criteria for a stay under Rule *-*(D) NMRA.
*. Rule *-*(D) NMRA requires a bond for a motion to stay judgment pending appeal, which was neither given nor discussed in the Motion in Opposition.
*. I have not offered a bond during the last year while this appeal has been pending.
*. The District Court’s Order Denying Motion in Opposition to Application for Writ of Execution cannot be treated as a denial of a stay application under Rule *-*(B) NMRA, especially since it was overturned by the December *, * Order Quashing Writ of Execution.
IV. Lack of Notice of Hearing
*. I was never informed of the hearing when the Writ of Execution was granted, which violates due process.
*. Proper notice is a fundamental right, and the lack of it impairs my ability to respond and defend accordingly.
*. As a pro se litigant, I rely on receiving timely and accurate information to adequately prepare my defense.
---
Do you need any
Let me start again: IN THE COURT OF APPEALS
OF THE STATE OF NEW MEXICO
MAURO S. NAVA,
Plaintiff-Appellant,
v. Case No.: A-*-CA-*
(District Case No.: D-*-CV-*-*)
OLENA MCCORMICK AKA
OLENA DZIUBA
Defendant-Appellee.
APPELLEE’S RESPONSE IN OPPOSITION TO
APPELLANT’S MOTION FOR STAY OF WRIT OF EXECUTION
Defendant-Appellee, Olena McCormick aka Olena Dziuba (“Appellee”), by and through
counsel, Business Law Southwest, LLC (Shay Elizabeth Meagle and Brittany M. Sayer),
respectfully responds in opposition to, and requests that the Court deny, Appellant’s Motion for
Stay of Writ of Execution, which was filed herein on November *, * (“Motion for Stay”). In
support thereof, Appellee states as follows:
I. The Motion for Stay is premature and should therefore be denied.
*. Rule *-*(B) NMRA is clear: a party may not make an application to the appellate court for
a stay of a judgment until an application has first been made to, and denied by, the district
court.
Hi Mauro! Here’s your draft response:
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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
MAURO S. NAVA,
Plaintiff-Appellant,
v. Case No.: A-*-CA-*
(District Case No.: D-*-CV-*-*)
OLENA MCCORMICK AKA OLENA DZIUBA
Defendant-Appellee.
APPELLANT’S RESPONSE TO APPELLEE’S MOTION IN OPPOSITION TO STAY OF WRIT OF EXECUTION
I. The Motion for Stay is not premature and should be granted.
*. Rule *-*(B) NMRA should be interpreted to allow the appellate court to consider a stay if the district court’s denial is ineffective.
*. The District Court’s denial did not address the procedural fairness or due process concerns raised.
*. As a pro se litigant, I rely on proper notice, which was not provided, violating due process.
II. The District Court’s November *, * Order does not negate the stay motion.
*. My Motion in Opposition was based on lack of service, not amotion for stay.
*. The Order Denying Motion in Opposition to Application for Writ of Execution does not equate to a denial of a motion for stay.
*. The procedural status allows for the appellate court to consider the motion due to the lack of proper notice.
III. The Motion in Opposition meets the criteria for a stay under Rule *-*(D) NMRA.
*. Rule *-*(D) NMRA requires a bond for a stay, which I am prepared to provide upon the court's instruction.
*. The District Court’s Order Quashing Writ of Execution shows the need for appellate review and stay.
*. The lack of bond discussion should not preclude the relief sought.
IV. Notice of Hearing Violation
*. I was not informed of the hearing when the Writ of Execution was granted, violating due process.
*. Proper notice is a fundamental right, and its absence impairs my ability to respond and defend.
*. As a pro se litigant, timely and accurate information is critical for adequate preparation.
Conclusion
For the reasons stated above, the Appellant respectfully requests that the Court grant the Motion for Stay of Writ
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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
MAURO S. NAVA,
Plaintiff-Appellant,
v. Case No.: A-*-CA-*
(District Case No.: D-*-CV-*-*)
OLENA MCCORMICK AKA OLENA DZIUBA
Defendant-Appellee.
APPELLANT’S RESPONSE TO APPELLEE’S MOTION IN OPPOSITION TO STAY OF WRIT OF EXECUTION
I. The Motion for Stay is not premature and should be granted.
*. Rule *-*(B) NMRA should be interpreted to allow the appellate court to consider a stay if the district court’s denial is ineffective.
*. The District Court’s denial did not address the procedural fairness or due process concerns raised.
*. As a pro se litigant, I rely on proper notice, which was not provided, violating due process.
II. The District Court’s November *, * Order does not negate the stay motion.
*. My Motion in Opposition was based on lack of service, not amotion for stay.
*. The Order Denying Motion in Opposition to Application for Writ of Execution does not equate to a denial of a motion for stay.
*. The procedural status allows for the appellate court to consider the motion due to the lack of proper notice.
III. The Motion in Opposition meets the criteria for a stay under Rule *-*(D) NMRA.
*. Rule *-*(D) NMRA requires a bond for a stay, which I am prepared to provide upon the court's instruction.
*. The District Court’s Order Quashing Writ of Execution shows the need for appellate review and stay.
*. The lack of bond discussion should not preclude the relief sought.
IV. Notice of Hearing Violation
*. I was not informed of the hearing when the Writ of Execution was granted, violating due process.
*. Proper notice is a fundamental right, and its absence impairs my ability to respond and defend.
*. As a pro se litigant, timely and accurate information is critical for adequate preparation.
Conclusion
For the reasons stated above, the Appellant respectfully requests that the Court grant the Motion for Stay of Writ
Their follow up: *. No motion for stay has yet been properly before the District Court in this matter and therefore
no denial of such a motion has been made.
*. Rule *-*(B) NMRA requires a movant to state in their motion to the appellate court that
the district court has already denied an application for stay of judgment. Given the procedural
posture of this matter, the Motion for Stay does not, and indeed could not, contain such a
statement.
Hi Mauro! Here's your draft response considering their follow-up points:
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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
MAURO S. NAVA,
Plaintiff-Appellant,
v. Case No.: A-*-CA-*
(District Case No.: D-*-CV-*-*)
OLENA MCCORMICK AKA OLENA DZIUBA
Defendant-Appellee.
APPELLANT’S RESPONSE TO APPELLEE’S MOTION IN OPPOSITION TO STAY OF WRIT OF EXECUTION
I. The Motion for Stay is not premature and should be granted.
*. Rule *-*(B) NMRA should be interpreted to allow the appellate court to consider a stay if the district court’s denial is ineffective.
*. The District Court’s denial did not address procedural fairness or due process concerns.
*. As a pro se litigant, I rely on proper notice, which was not provided, violating due process.
II. The District Court’s November *, * Order does not negate the stay motion.
*. My Motion in Opposition was based on lack of service,not a motion for stay.
*. The Order Denying Motion in Opposition to Application for Writ of Execution does not equate to a denial of a motion for stay.
*. The procedural status allows for the appellate court to consider the motion due to the lack of proper notice.
III. The Motion in Opposition meets the criteria for a stay under Rule *-*(D) NMRA.
*. Rule *-*(D) NMRA requires a bond for a stay, which I am prepared to provide upon the court's instruction.
*. The District Court’s Order Quashing Writ of Execution shows the need for appellate review and stay.
*. The lack of bond discussion should not preclude the relief sought.
IV. Notice of Hearing Violation
*. I was not informed of the hearing when the Writ of Execution was granted, violating due process.
*. Proper notice is a fundamental right, and its absence impairs my ability to respond and defend.
*. As a pro se litigant, timely and accurate information is critical for adequate preparation.
Conclusion
For the reasons stated above, the Appellant respectfully requests that the Court grant the Motion for Stay of Writ of Execution.
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Does this cover everything you need, or would you
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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
MAURO S. NAVA,
Plaintiff-Appellant,
v. Case No.: A-*-CA-*
(District Case No.: D-*-CV-*-*)
OLENA MCCORMICK AKA OLENA DZIUBA
Defendant-Appellee.
APPELLANT’S RESPONSE TO APPELLEE’S MOTION IN OPPOSITION TO STAY OF WRIT OF EXECUTION
I. The Motion for Stay is not premature and should be granted.
*. Rule *-*(B) NMRA should be interpreted to allow the appellate court to consider a stay if the district court’s denial is ineffective.
*. The District Court’s denial did not address procedural fairness or due process concerns.
*. As a pro se litigant, I rely on proper notice, which was not provided, violating due process.
II. The District Court’s November *, * Order does not negate the stay motion.
*. My Motion in Opposition was based on lack of service,not a motion for stay.
*. The Order Denying Motion in Opposition to Application for Writ of Execution does not equate to a denial of a motion for stay.
*. The procedural status allows for the appellate court to consider the motion due to the lack of proper notice.
III. The Motion in Opposition meets the criteria for a stay under Rule *-*(D) NMRA.
*. Rule *-*(D) NMRA requires a bond for a stay, which I am prepared to provide upon the court's instruction.
*. The District Court’s Order Quashing Writ of Execution shows the need for appellate review and stay.
*. The lack of bond discussion should not preclude the relief sought.
IV. Notice of Hearing Violation
*. I was not informed of the hearing when the Writ of Execution was granted, violating due process.
*. Proper notice is a fundamental right, and its absence impairs my ability to respond and defend.
*. As a pro se litigant, timely and accurate information is critical for adequate preparation.
Conclusion
For the reasons stated above, the Appellant respectfully requests that the Court grant the Motion for Stay of Writ of Execution.
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Does this cover everything you need, or would you
Their other follow up: *. If Plaintiff-Appellant Mauro Nava (“Appellant” or “Nava”) is arguing, via his mere
attachment to his Motion for Stay the District Court’s November *, * Order Denying
Motion in Opposition to Application for Writ of Execution, that said Order should constitute a
denial of an application for stay sufficient to enable him to file a motion pursuant to Rule *-
*(B) NMRA, such an argument should not be persuasive to the Court because Nava’s
Motion in Opposition to Application for Writ of Execution (“Motion in Opposition”), which
was filed in the District Court on July *, *, was not a motion for stay.
Hi Mauro! Here's an updated draft response to address their follow-up points:
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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
MAURO S. NAVA,
Plaintiff-Appellant,
v. Case No.: A-*-CA-*
(District Case No.: D-*-CV-*-*)
OLENA MCCORMICK AKA OLENA DZIUBA
Defendant-Appellee.
APPELLANT’S RESPONSE TO APPELLEE’S MOTION IN OPPOSITION TO STAY OF WRIT OF EXECUTION
I. The Motion for Stay is not premature and should be granted.
*. Rule *-*(B) NMRA should be interpreted to allow the appellate court to consider a stay if the district court’s denial is ineffective.
*. The District Court’s denial did not address procedural fairness or due process concerns.
*. As a pro se litigant, I rely on proper notice, which was not provided, violating due process.
II. The District Court’s November *, * Order does not negate the stay motion.
*. My Motion in Opposition was based on lack ofservice, not a motion for stay.
*. The Order Denying Motion in Opposition to Application for Writ of Execution does not equate to a denial of a motion for stay.
*. The procedural status allows for the appellate court to consider the motion due to the lack of proper notice.
III. The Motion in Opposition meets the criteria for a stay under Rule *-*(D) NMRA.
*. Rule *-*(D) NMRA requires a bond for a stay, which I am prepared to provide upon the court's instruction.
*. The District Court’s Order Quashing Writ of Execution shows the need for appellate review and stay.
*. The lack of bond discussion should not preclude the relief sought.
IV. Notice of Hearing Violation
*. I was not informed of the hearing when the Writ of Execution was granted, violating due process.
*. Proper notice is a fundamental right, and its absence impairs my ability to respond and defend.
*. As a pro se litigant, timely and accurate information is critical for adequate preparation.
Conclusion
For the reasons stated above, the Appellant respectfully requests that the Court grant the Motion for Stay of Writ of Execution.
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Do you need any further adjustments or additional
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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
MAURO S. NAVA,
Plaintiff-Appellant,
v. Case No.: A-*-CA-*
(District Case No.: D-*-CV-*-*)
OLENA MCCORMICK AKA OLENA DZIUBA
Defendant-Appellee.
APPELLANT’S RESPONSE TO APPELLEE’S MOTION IN OPPOSITION TO STAY OF WRIT OF EXECUTION
I. The Motion for Stay is not premature and should be granted.
*. Rule *-*(B) NMRA should be interpreted to allow the appellate court to consider a stay if the district court’s denial is ineffective.
*. The District Court’s denial did not address procedural fairness or due process concerns.
*. As a pro se litigant, I rely on proper notice, which was not provided, violating due process.
II. The District Court’s November *, * Order does not negate the stay motion.
*. My Motion in Opposition was based on lack ofservice, not a motion for stay.
*. The Order Denying Motion in Opposition to Application for Writ of Execution does not equate to a denial of a motion for stay.
*. The procedural status allows for the appellate court to consider the motion due to the lack of proper notice.
III. The Motion in Opposition meets the criteria for a stay under Rule *-*(D) NMRA.
*. Rule *-*(D) NMRA requires a bond for a stay, which I am prepared to provide upon the court's instruction.
*. The District Court’s Order Quashing Writ of Execution shows the need for appellate review and stay.
*. The lack of bond discussion should not preclude the relief sought.
IV. Notice of Hearing Violation
*. I was not informed of the hearing when the Writ of Execution was granted, violating due process.
*. Proper notice is a fundamental right, and its absence impairs my ability to respond and defend.
*. As a pro se litigant, timely and accurate information is critical for adequate preparation.
Conclusion
For the reasons stated above, the Appellant respectfully requests that the Court grant the Motion for Stay of Writ of Execution.
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Do you need any further adjustments or additional
Their other follow up: *. If Plaintiff-Appellant Mauro Nava (“Appellant” or “Nava”) is arguing, via his mere attachment to his Motion for Stay the District Court’s November *, * Order Denying Motion in Opposition to Application for Writ of Execution, that said Order should constitute a denial of an application for stay sufficient to enable him to file a motion pursuant to Rule *- *(B) NMRA, such an argument should not be persuasive to the Court because Nava’s Motion in Opposition to Application for Writ of Execution (“Motion in Opposition”), which was filed in the District Court on July *, *, was not a motion for stay.
Hi Mauro! Here's your draft response considering their follow-up points and clarifying that the Motion in Opposition was not intended as a motion for stay:
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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
MAURO S. NAVA,
Plaintiff-Appellant,
v. Case No.: A-*-CA-*
(District Case No.: D-*-CV-*-*)
OLENA MCCORMICK AKA OLENA DZIUBA
Defendant-Appellee.
APPELLANT’S RESPONSE TO APPELLEE’S MOTION IN OPPOSITION TO STAY OF WRIT OF EXECUTION
I. The Motion for Stay is not premature and should be granted.
*. Rule *-*(B) NMRA should be interpreted to allow the appellate court to consider a stay if the district court’s denial is ineffective.
*. The District Court’s denial did not address procedural fairness or due process concerns.
*. As a pro se litigant, I rely on proper notice, which was not provided, violating due process.
II. The District Court’s November *, * Order does not negate theHi Mauro! Here's your draft response considering their follow-up points and clarifying that the Motion in Opposition was not intended as a motion for stay:
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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
MAURO S. NAVA,
Plaintiff-Appellant,
v. Case No.: A-*-CA-*
(District Case No.: D-*-CV-*-*)
OLENA MCCORMICK AKA OLENA DZIUBA
Defendant-Appellee.
APPELLANT’S RESPONSE TO APPELLEE’S MOTION IN OPPOSITION TO STAY OF WRIT OF EXECUTION
I. The Motion for Stay is not premature and should be granted.
*. Rule *-*(B) NMRA should be interpreted to allow the appellate court to consider a stay if the district court’s denial is ineffective.
*. The District Court’s denial did not address procedural fairness or due process concerns.
*. As a pro se litigant, I rely on proper notice, which was not provided, violating due process.
II. The District Court’s November *, * Order does not negate the
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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
MAURO S. NAVA,
Plaintiff-Appellant,
v. Case No.: A-*-CA-*
(District Case No.: D-*-CV-*-*)
OLENA MCCORMICK AKA OLENA DZIUBA
Defendant-Appellee.
APPELLANT’S RESPONSE TO APPELLEE’S MOTION IN OPPOSITION TO STAY OF WRIT OF EXECUTION
I. The Motion for Stay is not premature and should be granted.
*. Rule *-*(B) NMRA should be interpreted to allow the appellate court to consider a stay if the district court’s denial is ineffective.
*. The District Court’s denial did not address procedural fairness or due process concerns.
*. As a pro se litigant, I rely on proper notice, which was not provided, violating due process.
II. The District Court’s November *, * Order does not negate theHi Mauro! Here's your draft response considering their follow-up points and clarifying that the Motion in Opposition was not intended as a motion for stay:
---
IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
MAURO S. NAVA,
Plaintiff-Appellant,
v. Case No.: A-*-CA-*
(District Case No.: D-*-CV-*-*)
OLENA MCCORMICK AKA OLENA DZIUBA
Defendant-Appellee.
APPELLANT’S RESPONSE TO APPELLEE’S MOTION IN OPPOSITION TO STAY OF WRIT OF EXECUTION
I. The Motion for Stay is not premature and should be granted.
*. Rule *-*(B) NMRA should be interpreted to allow the appellate court to consider a stay if the district court’s denial is ineffective.
*. The District Court’s denial did not address procedural fairness or due process concerns.
*. As a pro se litigant, I rely on proper notice, which was not provided, violating due process.
II. The District Court’s November *, * Order does not negate the
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