Court of Appeals of New Mexico
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Rule Set 12 - Rules of Appellate Procedure - cited by 9,502 documents
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GUTIERREZ V. GARLY
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ERNEST GUTIERREZ,
Plaintiff-Appellant,
v.
GLORIA GARLY,
Defendant-Appellee.
NO. 30,212
COURT OF APPEALS OF NEW MEXICO
January 20, 2011
APPEAL FROM THE DISTRICT COURT OF VALENCIA COUNTY, John
W. Pope, District Judge
COUNSEL
Ernest Gutierrez, Los Lunas, NM, Pro Se Appellant
Gloria Garly, Los Lunas, NM, Pro Se Appellee
JUDGES
CYNTHIA A. FRY, Chief Judge. WE CONCUR: JONATHAN B. SUTIN, Judge, MICHAEL E. VIGIL, Judge
AUTHOR:
MEMORANDUM OPINION
FRY, Chief Judge.
Plaintiff appeals an order dismissing his complaint with prejudice. In this Court’s second notice of proposed summary disposition, we proposed to reverse. Defendant has not filed a memorandum in opposition, and the time to do so has passed. Plaintiff has filed a memorandum in support, with the caveat that he wishes to clarify that his complaint alleged that Plaintiff’s attorney telephoned Defendant and Plaintiff’s daughter, informing them that they should pick up Plaintiff’s equipment and personal belongings from the motel. [RP 8] Because no party opposes our second proposed summary disposition, we reverse for the reasons provided in our second notice.
IT IS SO ORDERED.
CYNTHIA A. FRY, Chief Judge
WE CONCUR:
JONATHAN B. SUTIN, Judge
MICHAEL E. VIGIL, Judge