Court of Appeals of New Mexico
Decision Information
Rule Set 12 - Rules of Appellate Procedure - cited by 9,502 documents
Rule Set 1 - Rules of Civil Procedure for the District Courts - cited by 4,519 documents
Citations - New Mexico Appellate Reports
Frick v. Veazey - cited by 97 documents
Decision Content
R. JOHNSON V. A. SILVA
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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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.
RUTH ANN JOHNSON,
MJRR, LLC,
Plaintiff-Appellee,
v.
ADAM SILVA and
ESTELLA SILVA,
Defendants-Appellants.
NO. 29,005
COURT OF APPEALS OF NEW MEXICO
January 8, 2009
APPEAL FROM THE DISTRICT COURT OF LUNA COUNTY, Gary M.
Jeffreys , District Judge
COUNSEL
Hofacket Law Firm, LLC, Jarod K. Hofacket, Deming, NM, for Appellee
Carlos K. Ogden, Deming, NM, for Appellants
JUDGES
CELIA FOY CASTILLO, Judge. WE CONCUR: MICHAEL E. VIGIL, Judge, LINDA M. VANZI, Judge
AUTHOR:
MEMORANDUM OPINION
CASTILLO, Judge.
Defendants appeal from the trial court’s order awarding Plaintiffs their attorney fees pursuant to Rule 1-011 NMRA. We issued a notice proposing to affirm, and Plaintiffs filed a timely memorandum in support. Defendants failed to file a response to our notice of proposed summary disposition. See Frick v. Veazey, 116 N.M. 246, 247, 861 P.2d 287, 288 (Ct. App. 1993) (noting that “[f]ailure to file a memorandum in opposition constitutes acceptance of the disposition proposed in the calendar notice”). Therefore, for the reasons set forth in our notice of proposed summary disposition, we affirm the trial court’s order awarding Plaintiffs their attorney fees pursuant to Rule 1-011. Frick, 116 N.M. at 247, 861 P.2d at 288
IT IS SO ORDERED.
CELIA FOY CASTILLO, Judge
WE CONCUR:
MICHAEL E. VIGIL, Judge
LINDA M. VANZI, Judge