AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• Defendants/Appellants, Robert M. Van Rooyen and Lisa P. Marston-Van Rooyen, sought to vacate a default judgment and special master sale related to a case involving Deutsche Bank Trust Company Americas. The appeal was made to the Court of Appeals of New Mexico following the district court's denial of their emergency motion to vacate the default judgment and special master sale.

Procedural History

• Appeal from the District Court of Bernalillo County, Beatrice J. Brickhouse, District Judge: The district court denied Defendants' emergency motion to vacate default judgment and special master sale.

Parties' Submissions

• Defendants/Appellants: Sought to vacate the district court's default judgment and special master sale but failed to file a memorandum in opposition to the Court of Appeals' proposed summary disposition or request an extension of time.
• Plaintiff/Appellee: Filed a memorandum in support of the Court of Appeals' proposed summary disposition.

Legal Issues

• Whether the district court's denial of Defendants' emergency motion to vacate default judgment and special master sale should be affirmed due to Defendants' failure to oppose the proposed summary disposition.

Disposition

• The Court of Appeals affirmed the district court's denial of Defendants' motion to vacate.

Reasons

• Per LINDA M. VANZI, J. (JAMES J. WECHSLER, J., CYNTHIA A. FRY, J., concurring): The Court of Appeals decided to affirm the district court's denial of Defendants' motion to vacate based on Defendants' failure to file a memorandum in opposition to the proposed summary disposition or a request for an extension of time, citing precedent that such failure constitutes acceptance of the proposed disposition.