Olson v. Olson ( 2017 )

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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
2 MISTY OLSON,
3 Petitioner-Appellant,
4 v. NO. 35,707
5 SCOTT OLSON,
6 Respondent-Appellee.
7 APPEAL FROM THE DISTRICT COURT OF SANDOVAL COUNTY
8 Cheryl H. Johnston, District Judge
9 Atler Law Firm, P.C.
10 Timothy J. Atler
11 Albuquerque, NM
12 Roybal-Mack & Cordova, P.C.
13 Antonia Roybal-Mack
14 Albuquerque, NM
15 for Appellant
16 Frazier Law Office
17 William E. Frazier
18 Crystal E. Lees
19 Albuquerque, NM
20 for Appellee
1 MEMORANDUM OPINION
2 VANZI, Chief Judge.
3 {1} Petitioner appeals from the district court’s order adopting the child support
4 hearing officer’s report and recommendations. This Court issued a notice of proposed
5 disposition in which we proposed to reverse the district court’s order. A memorandum
6 in support of our proposed summary disposition was filed by Petitioner. However, no
7 memorandum opposing summary reversal has been filed, and the time for doing so
8 has expired. See Hennessy v. Duryea, 1998-NMCA-036, ¶ 24, 124 N.M. 754, 955
9 P.2d 683 (“Our courts have repeatedly held that, in summary calendar cases, the
10 burden is on the party opposing the proposed disposition to clearly point out errors in
11 fact or law.”).
12 {2} Accordingly, for the reasons stated in this Court’s notice of proposed
13 disposition, we reverse and remand for further proceedings in compliance with Rule
14 1-053.2 NMRA and Buffington v. McGorty, 2004-NMCA-092, 136 N.M. 226, 96 P.3d
15 787, to sufficiently establish the basis for the district court’s actions.
16 {3} IT IS SO ORDERED.
17 __________________________________
18 LINDA M. VANZI, Chief Judge
2
1 WE CONCUR:
2 _________________________________
3 M. MONICA ZAMORA, Judge
4 _________________________________
5 J. MILES HANISEE, Judge
3