Toser v. Whitty ( 2009 )

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 Please 2 see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. 3 Please also note that this electronic memorandum opinion may contain computer-generated 4 errors or other deviations from the official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 LESLIE TOSER, 8 Petitioner-Appellee, 9 v. No. 29,305 10 CADMON WHITTY, 11 Respondent-Appellant. 12 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY 13 Gerard L. Lavelle, District Judge 14 Barbara Arbuckle 15 Albuquerque, NM 16 for Appellee 17 Cadmon Whitty 18 Albuquerque, NM 19 Pro Se Appellant 20 MEMORANDUM OPINION 21 VIGIL, Judge. 22 Summary reversal was proposed for the reasons stated in the notice of proposed 23 disposition. Appellant filed a memorandum in support of the proposed summary 1 disposition. No memorandum opposing summary dismissal has been filed, and the 2 time for doing so has expired. 3 REVERSED. 4 IT IS SO ORDERED. 5 _______________________________ 6 MICHAEL E. VIGIL, Judge 7 WE CONCUR: 8 _______________________________ 9 RODERICK T. KENNEDY, Judge 10 _______________________________ 11 ROBERT E. ROBLES, Judge 2