Conley v. Cotton

• Court: New Mexico Court of Appeals
• Decided: September 4, 2019
• Status: Unpublished

Opinion

This decision of the New Mexico Court of Appeals was not selected for publication in the New Mexico Appellate Reports. Refer to Rule 12-405 NMRA for restrictions on the citation of unpublished decisions. Electronic decisions may contain computer- generated errors or other deviations from the official version filed by the Court of Appeals.

IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

No. A-1-CA-37706

ROSSANA CONLEY,

Plaintiff-Appellant,

v.

DEPUTY JAMAR COTTON, and THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF DOÑA ANA,

Defendants-Appellees.

APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY James T. Martin, District Judge

The Pickett Law Firm Mark L. Pickett Las Cruces, NM

for Appellant

Holt Mynatt Martinez P.C. Damian L. Martinez Las Cruces, NM

for Appellees

MEMORANDUM OPINION

HANISEE, Judge.

{1} Plaintiff appeals from the district court’s order granting summary judgment in favor of Defendant and dismissing Plaintiff’s complaint with prejudice. We issued a notice of proposed summary disposition, proposing to reverse on grounds that Plaintiff presented a material factual dispute relative to her claim of abuse of process under the procedural impropriety theory. Plaintiff has filed a memorandum in support. Defendant has not filed any response to our notice, and the time for doing so has expired. “Failure to file a memorandum in opposition constitutes acceptance of the disposition proposed in the calendar notice” Frick v. Veazey, 1993-NMCA-119, ¶ 2, 116 N.M. 246, 861 P.2d 287.

{2} For the reasons set forth in our notice, we reverse the district court’s order of summary judgment and remand for further proceedings.

{3} IT IS SO ORDERED.

J. MILES HANISEE, Judge

WE CONCUR:

BRIANA H. ZAMORA, Judge

ZACHARY A. IVES, Judge