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
Farmers, Inc. v. Dal Mach Fabricating, Inc. - cited by 259 documents
State v. Aragon - cited by 288 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 Refer to Rule 12-405 NMRA for restrictions on the citation of unpublished decisions.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-39404
SCOTT MARTIN,
Plaintiff-Appellant,
v.
JOSEFO MARTINEZ,
Defendant-Appellee.
APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY
Francis J. Mathew, District Judge
Campbell Law LLC
John Brendan Campbell
Albuquerque, NM
for Appellant
Montgomery & Andrews, P.A.
Randy S. Bartell
Kaleb W. Brooks
Santa Fe, NM
for Appellee
MEMORANDUM OPINION
IVES, Judge.
{1} Following a bench trial in favor of Defendant, Plaintiff appeals from the district court’s orders denying Plaintiff’s pretrial request for a continuance and post-trial request for a discovery sanction. We issued a notice of proposed summary disposition proposing to affirm. Defendant filed a memorandum in support of our proposed summary affirmance, which we have duly considered. Plaintiff did not file a memorandum in opposition to our proposed disposition, and the time for doing so has now run.
{2} For the reasons outlined in our notice of proposed disposition, and in the absence of opposition from either party, we conclude that Defendant failed to demonstrate error on appeal. Farmers, Inc., v. Dal Mach. & Fabricating, Inc., 1990-NMSC-100, ¶ 8, 111 N.M. 6, 800 P.2d 1063 (stating that the burden is on the appellant to clearly demonstrate that the trial court erred); State v. Aragon, 1999-NMCA-060, ¶ 10, 127 N.M. 393, 981 P.2d 1211 (stating that there is a presumption of correctness in the rulings or decisions of the trial court, and the party claiming error bears the burden of showing such error). Accordingly, we affirm.
{3} IT IS SO ORDERED.
ZACHARY A. IVES, Judge
WE CONCUR:
JACQUELINE R. MEDINA, Judge
SHAMMARA H. HENDERSON, Judge