This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. 1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 2 BUTLER ENTERPRISES, INC., 3 Plaintiff-Appellant, 4 v. NO. 32,627 5 HI-COUNTRY CHEVROLET, INC., 6 and JEFF THOMAS, 7 Defendants-Appellees. 8 APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY 9 Robert A. Aragon, District Judge 10 Miller Stratvert P.A. 11 Dylan O’Reilly 12 Luke A. Salganek 13 Farmington, NM 14 for Appellant 15 Tucker, Burns, Yoder & Hatfield 16 Gregory M. Tucker 17 Farmington, NM 18 for Appellee 19 MEMORANDUM OPINION 20 VANZI, Judge. 1 Plaintiff appeals an order denying its motion to reinstate its case after the case 2 was dismissed for failure to prosecute. In our notice of proposed summary 3 disposition, we proposed to reverse. Defendants have filed a memorandum in which 4 they now concede that Plaintiff’s case should have been reinstated. They therefore do 5 not oppose summary reversal. Accordingly, for the reasons stated in our notice of 6 proposed summary disposition, we reverse. 7 IT IS SO ORDERED. 8 __________________________________ 9 LINDA M. VANZI, Judge 10 WE CONCUR: 11 _________________________________ 12 MICHAEL D. BUSTAMANTE, Judge 13 _________________________________ 14 CYNTHIA A. FRY, Judge 2