Blechle v. Vincent ( 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2 see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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 CHARLES BLECHLE, SALLY
8 BLECHLE, CHERYL KURK,
9 PEGGY CHESTER, JOSEPH D.
10 ALBILLAR, and JOHN
11 D. MOSES,
12 Plaintiffs-Appellees,
13 v. NO. 30,572
14 SANGRE ROSE, LLC,
15 JIM VINCENT, and
16 PATRICIA VINCENT,
17 Defendants-Appellants.
18 APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY
19 Raymond Z. Ortiz, District Judge
20 Scheuer, Yost & Patterson
21 Kristofer C. Knutson
22 Santa Fe, NM
23 for Appellees
24 Sangre Rose, LLC
25 Jim and Patricia Vincent
26 Santa Fe, NM
27 Pro Se Appellants
1 MEMORANDUM OPINION
2 KENNEDY, Judge.
3 Appellants (Defendants) appeal from the district court’s “order granting motion
4 to enforce settlement agreement.” [RP 311] Our notice proposed to affirm.
5 Defendants did not file a memorandum in opposition. See Frick v. Veazey, 116 N.M.
6 246, 247, 861 P.2d 287, 288 (Ct. App. 1993) (recognizing that the failure to file a
7 memorandum in opposition to a calendar notice constitutes acceptance of a proposed
8 disposition). Appellees (Plaintiffs) filed an untimely memorandum supporting our
9 proposed affirmance. For reasons set forth in the notice, we affirm.
10 IT IS SO ORDERED.
11 ___________________________________
12 RODERICK T. KENNEDY, Judge
13 WE CONCUR:
14 ___________________________
15 MICHAEL E. VIGIL, Judge
16 ___________________________
17 LINDA M. VANZI, Judge
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