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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
2 CASIMIR C. COLE,
3 Petitioner-Appellee,
4 v. No. 31,572
5 ENJOLI D. WHITE,
6 Respondent-Appellant.
7 APPEAL FROM THE DISTRICT COURT OF SANDOVAL COUNTY
8 John F. Davis, District Judge
9 Casimir C. Cole
10 Albuquerque, NM
11 Pro Se Appellee
12 Enjoli D. White
13 Rio Rancho, NM
14 Pro Se Appellant
15 MEMORANDUM OPINION
16 BUSTAMANTE, Judge.
1 Appellant appeals the denial of her request for a paternity test. We proposed
2 to affirm in a calendar notice, and we have received a memorandum in opposition to
3 our notice. We have duly considered Appellant’s arguments, but we find them
4 unpersuasive. We affirm.
5 Appellant claims that she was under duress when she signed the final decree
6 establishing parentage, and that the mediator “was going to file a request for a
7 paternity test” but did not. [MIO 2] There is nothing in the record to support these
8 allegations. “Matters outside the record present no issue for review.” State v.
9 Reynolds, 111 N.M. 263, 267, 804 P.2d 1082, 1086 (Ct. App. 1990).
10 Appellant claims that she did not know the procedure for requesting a paternity
11 test. As discussed in our calendar notice, Appellant signed the final decree that
12 established Appellee as the father of the child. Appellant waited for over two years
13 after that decree was filed to request a paternity test. Appellant’s challenge was not
14 timely. See Tedford v. Gregory, 1998-NMCA-067, ¶¶ 35-37, 125 N.M. 206, 959 P.2d
15 540; Callison v. Naylor, 108 N.M. 674, 675, 777 P.2d 913, 914 (Ct. App. 1989). To
16 the extent that Appellant is claiming that she did not know that she had to make a
17 timely challenge because she represented herself without assistance from an attorney,
18 we point out that a pro se litigant, who chooses to represent herself, is required to
2
1 comply with the law and will not be treated differently than litigants with counsel.
2 Bruce v. Lester, 1999-NMCA-051, ¶ 4, 127 N.M. 301, 980 P.2d 84.
3 Appellant appears to argue that, based on federal and state statutes, there are
4 procedures for a parent to obtain a paternity test of a child born outside marriage.
5 [MIO 2]; see Clayton v. Trotter, 110 N.M. 369, 373, 796 P.2d 262, 266 (Ct. App.
6 1990) (explaining that appellate court will review pro se arguments to the best of its
7 ability, but cannot respond to unintelligible arguments). Appellant cites to NMSA
8 1978, Section 37-1-29 (1985) (Limitation of Actions), which provides, “[a]n action
9 to determine a parent and child relationship shall be brought no later than three years
10 after the child has reached the age of majority.” Appellant cites to no authority
11 showing that this particular statutory section applies to paternity tests or applies in
12 cases, such as this one, in which both parties have signed a final decree of parentage.
13 This Court will not consider propositions that are unsupported by citation to authority.
14 ITT Educ. Servs., Inc. v. Taxation & Revenue Dep’t, 1998-NMCA-078, ¶ 10, 125
15 N.M. 244, 959 P.2d 969. Moreover, the statutory section does not apply in this case
16 where there has already been a determination of “parent and child relationship” by
17 entry of a decree of parentage signed by both parents.
18 For the reasons discussed in this opinion and in our calendar notice, we affirm
19 the decision of the district court.
3
4
1 IT IS SO ORDERED.
2
3 MICHAEL D. BUSTAMANTE, Judge
4 WE CONCUR:
5
6 MICHAEL E. VIGIL, Judge
7
8 TIMOTHY L. GARCIA, Judge
5