Court of Appeals of New Mexico
Decision Information
Rule Set 12 - Rules of Appellate Procedure - cited by 9,502 documents
Citations - New Mexico Appellate Reports
Frick v. Veazey - cited by 97 documents
Decision Content
JONES V. HOLIDAY INN EXPRESS
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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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.
SANDY ALLEN JONES,
Worker-Appellee,
v.
HOLIDAY INN EXPRESS, and
AIG CLAIMS SERVICE n/k/a
CHARTIS INSURANCE COMPANY,
Employer/Insurer/Third-Party
Plaintiffs-Appellees,
v.
ALEA NORTH AMERICA INS. COMPANY,
and CHUBB SERVICES CORPORATION,
Third-Party
Defendants-Appellants.
No. 32,473
COURT OF APPEALS OF NEW MEXICO
April 4, 2013
APPEAL FROM THE WORKERS’ COMPENSATION ADMINISTRATION,
Shanon S. Riley, Workers’ Compensation Judge
COUNSEL
Sandy Allen Jones, Roswell, NM, Pro Se Appellee
Mason & Isaacson, P.A., Thomas Lynn Isaacson, Gallup, NM, for Appellees
Civerolo, Gralow, Hill & Curtis, Lawrence H. Hill, Albuquerque, NM, for Appellants
JUDGES
LINDA M. VANZI, Judge. WE CONCUR: M. MONICA ZAMORA, Judge, J. MILES HANISEE, Judge
MEMORANDUM OPINION
VANZI, Judge.
{1} Alea North America Insurance Company and Chubb Services Corporation appeal from a Workers’ Compensation Administration order that only resolved the medical benefits/reimbursement issues that had been raised, expressly reserving for a later date a ruling on the unfair claim processing/bad faith claims. [RP 796] We therefore issued a calendar notice proposing to dismiss the appeal for lack of finality. No memorandum in opposition to our calendar notice has been filed, and the time for filing a memorandum in opposition has expired. See Rule 12-210(D)(3) NMRA. Accordingly, we dismiss the appeal. See Frick v. Veazey, 116 N.M. 246, 247, 861 P.2d 287, 288 (Ct. App. 1993) (“Failure to file a memorandum in opposition constitutes acceptance of the disposition proposed in the calendar notice.”). However, we take judicial notice of our Court files, and we remind the parties that the dismissal of this appeal does not prevent them from raising any issues that they may wish to raise in their new appeals, tentatively docketed as Ct. App. No. 32,698.
{2} IT IS SO ORDERED.
LINDA M. VANZI, Judge
WE CONCUR:
M. MONICA ZAMORA, Judge
J. MILES HANISEE, Judge