Court of Appeals of New Mexico
Decision Information
Rule Set 12 - Rules of Appellate Procedure - cited by 9,535 documents
Citations - New Mexico Appellate Reports
Frick v. Veazey - cited by 45 documents
Decision Content
MONTES V. JOHNSON
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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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.
MARIA L. VARGAS MONTES,
Petitioner-Appellee,
v.
HOWARD JOHNSON,
Respondent-Appellant.
NO. 31,038
COURT OF APPEALS OF NEW MEXICO
May 25, 2011
APPEAL FROM THE DISTRICT COURT OF LUNA COUNTY, Daniel
Viramontes, District Judge
COUNSEL
Amy C. Delaney-Hernandez, Deming, NM, for Appellee
Howard Johnson, Deming, NM, Pro Se Appellant
JUDGES
MICHAEL E. VIGIL, Judge. WE CONCUR: JONATHAN B. SUTIN, Judge, LINDA M. VANZI, Judge
AUTHOR:
MEMORANDUM OPINION
VIGIL, Judge.
Appellant Howard Johnson appeals pro se from the district court’s ruling with regard to child support and custody. [RP 51, 70] Our March 8, 2011, notice proposed to dismiss for lack of finality. Appellant did not file a memorandum in opposition to our notice. See Rule 12-210(D)(3) NMRA. For reasons set forth in our notice, we dismiss for lack of finality. See Frick v. Veazey, 116 N.M. 246, 247, 861 P.2d 287, 288 (Ct. App. 1993) (stating that the “[f]ailure to file a memorandum in opposition constitutes acceptance of the disposition proposed in the calendar notice”). We lastly acknowledge Appellant’s February 15, 2011, “motion for production and pretrial matters.” Given our dismissal for lack of finality, however, we lack jurisdiction to consider the merits of Appellant’s motion. We dismiss.
IT IS SO ORDERED.
MICHAEL E. VIGIL, Judge
WE CONCUR:
JONATHAN B. SUTIN, Judge
LINDA M. VANZI, Judge