Hobson v. Hobson

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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
2 CHARLES D. HOBSON,
3 Petitioner-Appellant,
4 v. No. A-1-CA-37594
5 GLORIA HOBSON,
6 Respondent-Appellee,
7 and
8 STATE OF NEW MEXICO ex rel.
9 HUMAN SERVICES DEPARTMENT,
10 Intervenor.
11 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY
12 Debra Ramirez, District Judge
13 Charles D. Hobson
14 Cedar Crest, NM
15 Pro Se Appellant
16 Gloria Hobson
17 Albuquerque, NM
18 Pro Se Appellee
19 Becky S. Jiron
1 Albuquerque, NM
2 for Intervenor
3 MEMORANDUM OPINION
4 VANZI, Chief Judge.
5 {1} Petitioner, a self-represented litigant, appeals from the district court’s
6 memorandum order. In this Court’s notice of proposed disposition, we proposed
7 summary affirmance. Petitioner filed a memorandum in opposition (MIO), which we
8 have duly considered. Remaining unpersuaded, we affirm.
9 {2} In his memorandum in opposition, Petitioner continues to argue that the district
10 court abused its discretion because it did not consider his future income when making
11 its determination regarding spousal support [MIO 1-3] and that the law cited in his
12 docketing statement in fact requires him to continue making payments, regardless of
13 whether his ex-wife wishes to receive such payments and regardless of the fact that
14 all of their children are no longer minors [MIO 3-5]. Petitioner has not asserted any
15 new facts, law, or argument, and has not otherwise persuaded us that our notice of
16 proposed disposition was erroneous. See Hennessy v. Duryea, 1998-NMCA-036, ¶ 24,
17 124 N.M. 754, 955 P.2d 683 (“Our courts have repeatedly held that, in summary
18 calendar cases, the burden is on the party opposing the proposed disposition to clearly
19 point out errors in fact or law.”); State v. Mondragon, 1988-NMCA-027, ¶ 10, 107
2
1 N.M. 421, 759 P.2d 1003 (stating that a party responding to a summary calendar
2 notice must come forward and specifically point out errors of law and fact, and the
3 repetition of earlier arguments does not fulfill this requirement), superseded by statute
4 on other grounds as stated in State v. Harris, 2013-NMCA-031, ¶ 3, 297 P.3d 374.
5 We therefore refer Petitioner to our analysis therein.
6 {3} Accordingly, for the reasons stated in our notice of proposed disposition and
7 herein, we affirm the district court’s order.
8 {4} IT IS SO ORDERED.
9
10 LINDA M. VANZI, Chief Judge
11 WE CONCUR:
12
13 M. MONICA ZAMORA, Judge
14
15 JULIE J. VARGAS, Judge
3