PSC of NM v. Rancho Vista ( 2009 )

1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 2 PUBLIC SERVICE COMPANY 3 OF NEW MEXICO, a New Mexico 4 Corporation, 5 Plaintiff-Appellee, 6 v. NO. 28,959 7 RANCHO VISTA DEVELOPMENT, 8 LLC, a New Mexico Limited Liability 9 Company, 10 Defendant-Appellant. 11 APPEAL FROM THE DISTRICT COURT OF SANDOVAL COUNTY 12 Louis P. McDonald, District Judge 13 Keleher & McLeod PA 14 Thomas A. Domme 15 Albuquerque, NM 16 Miller Stratvert PA 17 Kirk R. Allen 18 Albuquerque, NM 19 for Appellee 20 Rudolph B. Chavez 21 Albuquerque, NM 22 for Appellant 23 MEMORANDUM OPINION 1 CASTILLO, Judge. 2 In this Court’s notice of proposed summary disposition, we proposed to dismiss 3 Rancho Vista Development’s appeal as premature. Rancho Vista Development did 4 not file a memorandum in opposition to this Court’s proposed disposition, and the 5 time to do so has passed. Instead, Rancho Vista Development sent a letter to this 6 Court, informing the Court that Rancho Vista Development did not intent to pursue 7 its appeal. Rancho Vista Development did not, however, file a voluntary dismissal 8 agreement with this Court pursuant to Rule 12-401(B) NMRA. Therefore, we now 9 dismiss the appeal for the reasons stated in the notice of proposed summary 10 disposition. 11 IT IS SO ORDERED. 12 ________________________________ 13 CELIA FOY CASTILLO, Judge 14 WE CONCUR: 15 ________________________________ 16 JAMES J. WECHSLER, Judge 17 ________________________________ 18 ROBERT E. ROBLES, Judge 2