Court of Appeals of New Mexico
Decision Information
Rule Set 12 - Rules of Appellate Procedure - cited by 9,472 documents
Citations - New Mexico Appellate Reports
Hennessy v. Duryea - cited by 662 documents
State v. Johnson - cited by 173 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 Refer to Rule 12-405 NMRA for restrictions on the citation of unpublished decisions.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-40757
MARTIN SIERRA,
Plaintiff-Appellant,
v.
ALBUQUERQUE BERNALILLO
COUNTY WATER UTILITY
AUTHORITY,
Defendant-Appellee.
APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY
Beatrice J. Brickhouse, District Court Judge
Gilpin Law Firm, LLC
Donald G. Gilpin
Christopher P. Machin
Albuquerque, NM
for Appellant
Stelzner, Winter, Warburton, Flores
& Dawes, P.A.
Juan L. Flores
Jaime L. Dawes
Albuquerque, NM
for Appellee
MEMORANDUM OPINION
BOGARDUS, Judge.
{1} Plaintiff appeals seeking reversal of the district court’s order granting summary judgment and dismissing his claims. [CN 1] In our notice of proposed disposition, we proposed to summarily affirm the district court. [CN 13] Defendant filed a memorandum in support, which agreed with our proposed affirmance. [MIS 1] Plaintiff filed a memorandum in opposition to our proposed disposition, stating, “Plaintiff does not have any new information.” [MIO 1]
{2} Accordingly, for the reasons stated herein and in our notice of proposed disposition, we affirm. 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. Johnson, 1988-NMCA-029, ¶ 8, 107 N.M. 356, 758 P.2d 306 (explaining that when a case is decided on the summary calendar, an issue is deemed abandoned when a party fails to respond to the proposed disposition of that issue).
{3} IT IS SO ORDERED.
KRISTINA BOGARDUS, Judge
WE CONCUR:
JACQUELINE R. MEDINA, Judge
MEGAN P. DUFFY, Judge