¶1(dissenting).
¶2I dissent.
¶3On November 27, 1978, plaintiff’s notice of appeal was filed. It reads:
Plaintiff, Sharna James, hereby gives notice of Appeal to the Court of Appeals of the State of New Mexico from the Summary Judgment of this Court dismissing the Defendant herein from this cause entered on May 2, 1978.
¶4Rule 3(a)(1) of the Rules of Appellate Procedure provides that an aggrieved party may appeal within 30 days after entry of any final judgment. Where one plaintiff and one defendant are involved, summary judgment is final and appealable. Mabrey v. Mobil Oil Corporation, 84 N.M. 272, 502 P.2d 297 (Ct.App. 1972). We have repeatedly held that timely filing is a jurisdictional requirement. We cannot consider the hardship of the individual litigant because we have no discretion in the matter. Miller v. Doe, 70 N.M. 432, 374 P.2d 305 (1962); Public Service Company of New Mexico v. Wolf, 78 N.M. 221, 430 P.2d 379 (1967).
¶5Plaintiff claims no notice was given that the judgment was entered May 2, 1978, and learned for the first time on October 18, 1978, that said judgment was entered on May 2,1978. The district judge has no duty to give any notice and Rule 60(b) cannot be used to toll the appeal. Chavez v. Village of Cimarron, 65 N.M. 141, 333 P.2d 882 (1958); Lopez v. Allied Concord Financial Corporation, 82 N.M. 338, 481 P.2d 700 (1971).
¶6On October 27, 1978, an order was entered that denied plaintiff’s alternative motion for reconsideration of summary judgment or to vacate order granting summary judgment. No notice of appeal was filed with reference to this order. In fact, the notice of appeal filed, even if applicable, was not timely filed on November 27, 1978.