Welch v. ABQ Roof Sys.

• Court: New Mexico Court of Appeals
• Decided: December 3, 2020
• Status: Unpublished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 Refer to Rule 12-405 NMRA for restrictions on the citation of unpublished decisions.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-39139

GRETCHEN WELCH,

Plaintiff-Appellee,

v.

ABQ ROOF SYSTEMS, LLC,

Defendant-Appellant.

APPEAL FROM THE DISTRICT COURT OF SANDOVAL COUNTY James A. Noel, District Judge

Bauman & Dow, P.C. Christopher P. Bauman Cynthia L. Weisman Albuquerque, NM

for Appellee

Calvert Menicucci, P.C. Sean R. Calvert Albuquerque, NM

for Appellant

MEMORANDUM OPINION

HANISEE, Chief Judge.

{1} Defendant ABQ Roof Systems is appealing from a district court order denying its motion to compel arbitration. We issued a calendar notice on October 15, 2020, proposing to affirm. Plaintiff has responded with a memorandum in support. Defendant has not filed a memorandum in opposition, and the time for doing so has expired. See Rule 12-210(D)(2) NMRA. Accordingly, we affirm the district court. See Frick v. Veazey, 1993-NMCA-119, ¶ 2, 116 N.M. 246, 861 P.2d 287 (stating that “[f]ailure to file a memorandum in opposition constitutes acceptance of the disposition proposed in the calendar notice”).

{2} IT IS SO ORDERED.

J. MILES HANISEE, Chief Judge

WE CONCUR:

KRISTINA BOGARDUS, Judge

BRIANA H. ZAMORA, Judge