Martin v. Herring

• Court: New Mexico Court of Appeals
• Decided: November 3, 2011
• Docket: 31,123
• Status: Unpublished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 Please 2 see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. 3 Please also note that this electronic memorandum opinion may contain computer-generated 4 errors or other deviations from the official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 KYLE J. MARTIN,

8 Petitioner-Appellant,

9 v. NO. 31,123

10 SHONNA L. HERRING,

11 Respondent-Appellee.

12 APPEAL FROM THE DISTRICT COURT OF CHAVES COUNTY 13 Ralph D. Shamas, District Judge

14 Kyle J. Martin 15 Roswell, NM

16 Pro Se Appellant

17 Kraft & Hunter LLP 18 Dustin K. Hunter 19 Roswell, NM

20 for Appellee

21 MEMORANDUM OPINION

22 WECHSLER, Judge. 1 Father appeals the district court’s order awarding attorney fees and a witness

2 fee to Mother. We proposed to affirm in part and reverse in part in a calendar notice.

3 We have received no memorandum in opposition to our calendar notice and the time

4 for doing so has passed. See Frick v. Veazey, 116 N.M. 246, 247, 861 P.2d 287, 288

5 (Ct. App. 1993) (“Failure to file a memorandum in opposition constitutes acceptance

6 of the disposition proposed in the calendar notice.”). We therefore affirm the

7 judgment for attorney fees in favor of Mother, we reverse the award of a witness fee

8 to Mother, and we direct the district court to adjust the judgment accordingly.

9 IT IS SO ORDERED.

10 ___________________________________ 11 JAMES J. WECHSLER, Judge

12 WE CONCUR:

13 __________________________________ 14 MICHAEL D. BUSTAMANTE, Judge

15 __________________________________ 16 TIMOTHY L. GARCIA, Judge