Mendoza v. Huber

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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
2 GEORGE MENDOZA,
3 Plaintiff-Appellant,
4 v. NO. 33,913
5 LUCINDA HUBER,
6 Defendant-Appellee.
7 APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY
8 Manuel I. Arrieta, District Judge
9 Kelly O’Connell
10 Las Cruces, NM
11 for Appellant
12 The Pickett Law Firm, LLC
13 Stephen T. Swaim
14 Lawrence M. Pickett
15 Las Cruces, NM
16 for Appellee
17 MEMORANDUM OPINION
18 VANZI, Judge.
1 {1} Plaintiff appeals from a district court judgment resolving Plaintiff’s quiet title
2 complaint in Defendant’s favor. We issued a calendar notice proposing to dismiss for
3 lack of a final order. Defendant filed a memorandum in support. Plaintiff has not filed
4 a memorandum in opposition, and the time for doing so has expired. See Rule 12-
5 210(D)(3) NMRA. Accordingly, we dismiss the appeal. See Frick v. Veazey, 1993-
6 NMCA-119, ¶ 2, 116 N.M. 246, 861 P.2d 287 (“Failure to file a memorandum in
7 opposition constitutes acceptance of the disposition proposed in the calendar notice.”).
8 {2} DISMISSED.
9 {3} IT IS SO ORDERED.
10 __________________________________
11 LINDA M. VANZI, Judge
12 WE CONCUR:
13 _________________________________
14 MICHAEL D. BUSTAMANTE, Judge
15 _________________________________
16 JONATHAN B. SUTIN, Judge
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