Mendoza v. Huber

Opinion

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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 2 GEORGE MENDOZA, 3 Plaintiff-Appellant, 4 v. NO. 33,913 5 LUCINDA HUBER, 6 Defendant-Appellee.

7 APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY 8 Manuel I. Arrieta, District Judge

9 Kelly O’Connell 10 Las Cruces, NM

11 for Appellant

12 The Pickett Law Firm, LLC 13 Stephen T. Swaim 14 Lawrence M. Pickett 15 Las Cruces, NM

16 for Appellee 17 MEMORANDUM OPINION 18 VANZI, Judge.

1 {1} Plaintiff appeals from a district court judgment resolving Plaintiff’s quiet title 2 complaint in Defendant’s favor. We issued a calendar notice proposing to dismiss for 3 lack of a final order. Defendant filed a memorandum in support. Plaintiff has not filed 4 a memorandum in opposition, and the time for doing so has expired. See Rule 12- 5 210(D)(3) NMRA. Accordingly, we dismiss the appeal. See Frick v. Veazey, 1993- 6 NMCA-119, ¶ 2, 116 N.M. 246, 861 P.2d 287 (“Failure to file a memorandum in 7 opposition constitutes acceptance of the disposition proposed in the calendar notice.”). 8 {2} DISMISSED. 9 {3} IT IS SO ORDERED.

10 __________________________________ 11 LINDA M. VANZI, Judge

12 WE CONCUR:

13 _________________________________ 14 MICHAEL D. BUSTAMANTE, Judge

15 _________________________________ 16 JONATHAN B. SUTIN, Judge