Court of Appeals of New Mexico
Decision Information
Rule Set 12 - Rules of Appellate Procedure - cited by 9,546 documents
Citations - New Mexico Appellate Reports
Frick v. Veazey - cited by 45 documents
Decision Content
MARTIN V. HERRING
This memorandum opinion was not selected for publication in the New Mexico 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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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.
KYLE J. MARTIN,
Petitioner-Appellant,
v.
SHONNA L. HERRING,
Respondent-Appellee.
NO. 31,123
COURT OF APPEALS OF NEW MEXICO
November 3, 2011
APPEAL FROM THE DISTRICT COURT OF CHAVES COUNTY, Ralph D.
Shamas, District Judge
COUNSEL
Kyle J. Martin, Roswell, NM, Pro Se Appellant
Kraft & Hunter LLP, Dustin K. Hunter, Roswell, NM, for Appellee
JUDGES
JAMES J. WECHSLER, Judge. WE CONCUR: MICHAEL D. BUSTAMANTE, Judge, TIMOTHY L. GARCIA, Judge
AUTHOR:
MEMORANDUM OPINION
WECHSLER, Judge.
Father appeals the district court’s order awarding attorney fees and a witness fee to Mother. We proposed to affirm in part and reverse in part in a calendar notice. We have received no memorandum in opposition to our calendar notice and the time for doing so has passed. 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.”). We therefore affirm the judgment for attorney fees in favor of Mother, we reverse the award of a witness fee to Mother, and we direct the district court to adjust the judgment accordingly.
IT IS SO ORDERED.
JAMES J. WECHSLER, Judge
WE CONCUR:
MICHAEL D. BUSTAMANTE, Judge
TIMOTHY L. GARCIA, Judge