Villa v. Molina ( 2014 )

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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
2 DANIEL J. VILLA,
3 Petitioner-Appellant,
4 v. NO. 33,880
5 NANCY MOLINA,
6 Respondent-Appellee.
7 APPEAL FROM THE DISTRICT COURT OF LUNA COUNTY
8 Daniel Viramontes, District Judge
9 DeLaney & Hernandez, LLC
10 Amy C. DeLaney-Hernandez
11 Deming, NM
12 for Appellant
13 Couture Law
14 Rosalie Fragoso
15 Albuquerque, NM
16 for Appellee
17 MEMORANDUM OPINION
18 VANZI, Judge.
1 {1} Petitioner appeals from a district court order dismissing his petition for custody
2 of his minor child. We issued a calendar notice proposing to affirm. Respondent filed
3 a memorandum in support; Petitioner has not filed a memorandum in opposition, and
4 the time for doing so has expired. See Rule 12-210(D)(3) NMRA. Accordingly, we
5 affirm the district court. See Frick v. Veazey, 1993-NMCA-119, ¶ 2, 116 N.M. 246,
6 861 P.2d 287 (“Failure to file a memorandum in opposition constitutes acceptance of
7 the disposition proposed in the calendar notice.”).
8 {2} AFFIRMED.
9 {3} IT IS SO ORDERED.
10 __________________________________
11 LINDA M. VANZI, Judge
12 WE CONCUR:
13 _________________________________
14 JAMES J. WECHSLER, Judge
15 _________________________________
16 J. MILES HANISEE, Judge
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