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
Hennessy v. Duryea - cited by 666 documents
State v. Harris - cited by 446 documents
State v. Mondragon - cited by 555 documents
Decision Content
HOBSON V. HOBSON
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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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.
CHARLES D. HOBSON,
Petitioner-Appellant,
v.
GLORIA HOBSON,
Respondent-Appellee,
and
STATE OF NEW MEXICO ex rel.
HUMAN SERVICES DEPARTMENT,
Intervenor.
No. A-1-CA-37594
COURT OF APPEALS OF NEW MEXICO
January 7, 2019
APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY,
Debra Ramirez, District Judge
COUNSEL
Charles D. Hobson, Cedar Crest, NM, Pro Se Appellant
Gloria Hobson, Albuquerque, NM, Pro Se Appellee
Becky S. Jiron, Albuquerque, NM, for Intervenor
JUDGES
LINDA M. VANZI, Chief Judge. WE CONCUR: M. MONICA ZAMORA, Judge, JULIE J. VARGAS, Judge
MEMORANDUM OPINION
VANZI, Chief Judge.
{1} Petitioner, a self-represented litigant, appeals from the district court’s memorandum order. In this Court’s notice of proposed disposition, we proposed summary affirmance. Petitioner filed a memorandum in opposition (MIO), which we have duly considered. Remaining unpersuaded, we affirm.
{2} In his memorandum in opposition, Petitioner continues to argue that the district court abused its discretion because it did not consider his future income when making its determination regarding spousal support [MIO 1-3] and that the law cited in his docketing statement in fact requires him to continue making payments, regardless of whether his ex-wife wishes to receive such payments and regardless of the fact that all of their children are no longer minors [MIO 3-5]. Petitioner has not asserted any new facts, law, or argument, and has not otherwise persuaded us that our notice of proposed disposition was erroneous. See Hennessy v. Duryea, 1998-NMCA-036, ¶ 24, 124 N.M. 754, 955 P.2d 683 (“Our courts have repeatedly held that, in summary calendar cases, the burden is on the party opposing the proposed disposition to clearly point out errors in fact or law.”); State v. Mondragon, 1988-NMCA-027, ¶ 10, 107 N.M. 421, 759 P.2d 1003 (stating that a party responding to a summary calendar notice must come forward and specifically point out errors of law and fact, and the repetition of earlier arguments does not fulfill this requirement), superseded by statute on other grounds as stated in State v. Harris, 2013-NMCA-031, ¶ 3, 297 P.3d 374. We therefore refer Petitioner to our analysis therein.
{3} Accordingly, for the reasons stated in our notice of proposed disposition and herein, we affirm the district court’s order.
{4} IT IS SO ORDERED.
LINDA M. VANZI, Chief Judge
WE CONCUR:
M. MONICA ZAMORA, Judge
JULIE J. VARGAS, Judge