Bank of Colorado v. LL&D

Opinion

1 This memorandum opinion was not selected for publication in the New Mexico Reports. Please 2 see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. 3 Please also note that this electronic memorandum opinion may contain computer-generated 4 errors or other deviations from the official paper version filed by the Court of Appeals and does 5 not include the filing date. 6 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

7 BANK OF COLORADO d/b/a 8 PINNACLE BANK f/k/a 9 WESTERN BANK OF GALLUP,

10 Plaintiff-Appellee,

11 v. NO. 30,841

12 LL and D, INC., d/b/a RESPOND 13 NEW MEXICO,

14 Defendant-Appellant.

15 APPEAL FROM THE DISTRICT COURT OF McKINLEY COUNTY 16 Robert A. Aragon, District Judge

17 Mason & Isaacson, P.A. 18 Thomas Lynn Isaacson 19 Gallup, NM

20 for Appellee

21 Everett Law 22 Peter Everett, IV 23 Albuquerque, NM

24 for Appellant

25 MEMORANDUM OPINION

26 VIGIL, Judge. 1 Appellant (Defendant) appeals from the district court’s order that strikes his

2 answer on the basis that it was untimely filed. [RP 160] Our notice proposed to

3 dismiss for lack of a final order. In addition, our notice proposed to deny Appellee’s

4 (Plaintiff) request for attorney fees.

5 Defendant did not respond to our notice. See Frick v. Veazey, 116 N.M. 246,

6 247, 861 P.2d 287, 288 (Ct. App. 1993) (explaining that the failure to file a

7 memorandum in opposition to calendar notice constitutes acceptance of proposed

8 disposition). For reasons set forth in our notice, we dismiss for lack of a final order.

9 While Plaintiff filed a response opposing our proposed denial of its request for

10 attorney fees, we remain unpersuaded by Plaintiff’s arguments, and therefore deny its

11 request.

12 IT IS SO ORDERED.

13 _______________________________ 14 MICHAEL E. VIGIL, Judge

15 WE CONCUR:

16 _________________________________ 17 CELIA FOY CASTILLO, Chief Judge

2 1 _________________________________ 2 JONATHAN B. SUTIN, Judge