Martin v. Herring ( 2011 )

1 This memorandum opinion was not selected for publication in the New Mexico Reports. Please
2 see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.
3 Please also note that this electronic memorandum opinion may contain computer-generated
4 errors or other deviations from the official paper version filed by the Court of Appeals and does
5 not include the filing date.
6 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
7 KYLE J. MARTIN,
8 Petitioner-Appellant,
9 v. NO. 31,123
10 SHONNA L. HERRING,
11 Respondent-Appellee.
12 APPEAL FROM THE DISTRICT COURT OF CHAVES COUNTY
13 Ralph D. Shamas, District Judge
14 Kyle J. Martin
15 Roswell, NM
16 Pro Se Appellant
17 Kraft & Hunter LLP
18 Dustin K. Hunter
19 Roswell, NM
20 for Appellee
21 MEMORANDUM OPINION
22 WECHSLER, Judge.
1 Father appeals the district court’s order awarding attorney fees and a witness
2 fee to Mother. We proposed to affirm in part and reverse in part in a calendar notice.
3 We have received no memorandum in opposition to our calendar notice and the time
4 for doing so has passed. See Frick v. Veazey, 116 N.M. 246, 247, 861 P.2d 287, 288
5 (Ct. App. 1993) (“Failure to file a memorandum in opposition constitutes acceptance
6 of the disposition proposed in the calendar notice.”). We therefore affirm the
7 judgment for attorney fees in favor of Mother, we reverse the award of a witness fee
8 to Mother, and we direct the district court to adjust the judgment accordingly.
9 IT IS SO ORDERED.
10 ___________________________________
11 JAMES J. WECHSLER, Judge
12 WE CONCUR:
13 __________________________________
14 MICHAEL D. BUSTAMANTE, Judge
15 __________________________________
16 TIMOTHY L. GARCIA, Judge
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