Gardner v. Rivera ( 2018 )

This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. 1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 2 WILLIAM GARDNER, 3 Plaintiff/Counterdefendant-Appellee, 4 v. No. A-1-CA-36524 5 ERIC RIVERA, d/b/a SOUTHWEST 6 METAL DESIGN, 7 Defendant/Counterclaimant/Third-Party 8 Plaintiff/Counterdefendant-Appellant, 9 and 10 KATHRYN GARDNER, 11 Third-Party Defendant/Counterclaimant- 12 Appellee. 13 APPEAL FROM THE DISTRICT COURT OF SANDOVAL COUNTY 14 John F. Davis, District Judge 15 William Gardner 16 Bernalillo, NM 17 Pro se Appellee 18 Houliston & Weaks 19 David M. Houliston 20 Albuquerque, NM 1 for Appellant 2 MEMORANDUM OPINION 3 VIGIL, Judge. 4 {1} Defendant appealed the district court’s adverse judgment following a bench 5 trial. We issued a notice of proposed summary disposition, proposing to affirm. 6 Defendant requested an extension of time in which to file a memorandum in 7 opposition, which was granted. However, the requested extension expired on January 8 5, 2018, over two weeks have passed since the expiration of the requested extension 9 and no memorandum has been received from Defendant. Therefore, for the reasons 10 stated in the notice of proposed summary disposition, we affirm. 11 IT IS SO ORDERED. 12 ______________________________ 13 MICHAEL E. VIGIL, Judge 14 WE CONCUR: 15 ____________________________ 16 M. MONICA ZAMORA, Judge 17 ____________________________ 18 J. MILES HANISEE, Judge 2