This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
- Jake Wilson and Briaun Prichard, individually and as next friend for Corben Phoenix, a minor, appealed against the City of Albuquerque, with the County of Bernalillo and the State of New Mexico Highway and Transportation Department also named as defendants. The specific events leading to the appeal are not detailed in the provided text.
Procedural History
- District Court of Bernalillo County, Valerie A. Huling, District Judge: The case was proposed for summary dismissal for reasons stated in a notice of proposed summary disposition.
Parties' Submissions
- Plaintiffs-Appellants: No memorandum opposing summary dismissal was filed, and the time for doing so expired (para 1).
- Respondent-Appellee: The specific arguments made by the City of Albuquerque are not detailed in the provided text.
Legal Issues
- Whether the appeal against the City of Albuquerque should be dismissed for lack of opposition to the proposed summary dismissal.
Disposition
- The appeal was dismissed (para 2).
Reasons
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Per Michael E. Vigil, J. (Julie J. Vargas, J., and Henry M. Bohnhoff, J., concurring): The decision to dismiss the appeal was based on the absence of any memorandum opposing the proposed summary dismissal by the plaintiffs-appellants. The time allotted for filing opposition had expired, leading to the dismissal of the appeal (paras 1-3).
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