Vega v. S. Valley Care Ctr.

• Court: New Mexico Court of Appeals
• Decided: March 29, 2021
• Status: Unpublished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 Refer to Rule 12-405 NMRA for restrictions on the citation of unpublished decisions.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-37828

JOE VEGA,

Plaintiff-Appellant,

and

NANCY ANN RICHARDS, and VALLE ALLEGRE, LLC,

Plaintiffs,

v.

SOUTH VALLEY CARE CENTER, LLC, HUNTER GREENE, TREVOR WILSON, and CHARLES BENNETT,

Defendants-Appellees.

APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Carl J. Butkus, District Court Judge

Clayton E. Crowley Albuquerque, NM

for Appellant

Resnick & Louis, P.C. John S. Campbell Albuquerque, NM

Jewell Law Offices Tommy Jewell Albuquerque, NM

for Appellees

MEMORANDUM OPINION ATTREP, Judge.

{1} Plaintiff Joe Vega appeals from the district court’s entry of final judgment against him, following a bench trial. We issued a notice of proposed summary disposition proposing to affirm. Defendants filed a memorandum in support of our proposed summary affirmance, which we have duly considered. Plaintiff Vega did not file a memorandum in opposition to our proposed disposition.

{2} For the reasons outlined in our notice of proposed disposition, and in the absence of opposition from either party, we conclude that Plaintiff Vega failed to demonstrate error on appeal. See Farmers, Inc. v. Dal Mach. & Fabricating, Inc., 1990- NMSC-100, ¶ 8, 111 N.M. 6, 800 P.2d 1063 (stating that the burden is on the appellant to clearly demonstrate that the trial court erred); State v. Aragon, 1999-NMCA-060, ¶ 10, 127 N.M. 393, 981 P.2d 1211 (stating that there is a presumption of correctness in the rulings or decisions of the trial court, and the party claiming error bears the burden of showing such error). Accordingly, we affirm.

{3} IT IS SO ORDERED.

JENNIFER L. ATTREP, Judge

WE CONCUR:

JACQUELINE R. MEDINA, Judge

SHAMMARA H. HENDERSON, Judge