Blechle v. Vincent

• Court: New Mexico Court of Appeals
• Decided: March 2, 2011
• Docket: 30,572
• Status: Unpublished

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 Please 2 see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. 3 Please also note that this electronic memorandum opinion may contain computer-generated 4 errors or other deviations from the official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 CHARLES BLECHLE, SALLY 8 BLECHLE, CHERYL KURK, 9 PEGGY CHESTER, JOSEPH D. 10 ALBILLAR, and JOHN 11 D. MOSES,

12 Plaintiffs-Appellees,

13 v. NO. 30,572

14 SANGRE ROSE, LLC, 15 JIM VINCENT, and 16 PATRICIA VINCENT,

17 Defendants-Appellants.

18 APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY 19 Raymond Z. Ortiz, District Judge

20 Scheuer, Yost & Patterson 21 Kristofer C. Knutson 22 Santa Fe, NM

23 for Appellees

24 Sangre Rose, LLC 25 Jim and Patricia Vincent 26 Santa Fe, NM

27 Pro Se Appellants 1 MEMORANDUM OPINION

2 KENNEDY, Judge.

3 Appellants (Defendants) appeal from the district court’s “order granting motion

4 to enforce settlement agreement.” [RP 311] Our notice proposed to affirm.

5 Defendants did not file a memorandum in opposition. See Frick v. Veazey, 116 N.M.

6 246, 247, 861 P.2d 287, 288 (Ct. App. 1993) (recognizing that the failure to file a

7 memorandum in opposition to a calendar notice constitutes acceptance of a proposed

8 disposition). Appellees (Plaintiffs) filed an untimely memorandum supporting our

9 proposed affirmance. For reasons set forth in the notice, we affirm.

10 IT IS SO ORDERED.

11 ___________________________________ 12 RODERICK T. KENNEDY, Judge

13 WE CONCUR:

14 ___________________________ 15 MICHAEL E. VIGIL, Judge

16 ___________________________ 17 LINDA M. VANZI, Judge