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
This decision of the New Mexico Court of Appeals was not selected for publication in the New Mexico Appellate Reports. Refer to Rule 12-405 NMRA for restrictions on the citation of unpublished decisions. Electronic decisions may contain computer-generated errors or other deviations from the official version filed by the Court of Appeals.
IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
No. A-1-CA-38609
CITY OF GALLUP, New Mexico, a
municipal corporation,
Plaintiff/Counterdefendant-Appellee,
v.
PHILLIP HART,
Defendant/Counterplaintiff-Appellant.
APPEAL FROM THE DISTRICT COURT OF MCKINLEY COUNTY
Robert A. Aragon, District Judge
Stelzner, Winter, Warburton,
Flores & Dawes, P.A.
Juan L. Flores
Jaime L. Dawes
Albuquerque, NM
for Appellee
Johanna C. Cox
Albuquerque, NM
for Appellant
MEMORANDUM OPINION
, Chief Judge.
{1} Defendant appeals from the district court’s final judgment granting Plaintiff’s motions for summary judgment on Defendant’s counterclaims for harassment, retaliation, and defamation. We issued a notice of proposed summary disposition, proposing to affirm. Plaintiff filed a memorandum in support of our notice. Defendant, however, has not filed a response to our notice, and the time for doing so has expired. “Failure to file a memorandum in opposition constitutes acceptance of the disposition proposed in the calendar notice.” Frick v. Veazey, 1993-NMCA-119, ¶ 2, 116 N.M. 246, 861 P.2d 287. Accordingly, for the reasons set forth in our notice, we affirm.
{2} IT IS SO ORDERED.
J. MILES HANISEE, Chief Judge
WE CONCUR:
JENNIFER L. ATTREP, Judge
BRIANA H. ZAMORA, Judge