AI Generated Opinion Summaries

Decision Information

Decision Content

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

Facts

  • The case involves an appeal by the Respondent against the district court's order of attorney fees in favor of the Petitioner. The specific events leading to this legal dispute are not detailed in the provided text.

Procedural History

  • District Court of Bernalillo County, Judge Jane C. Levy: Ordered attorney fees in favor of the Petitioner.

Parties' Submissions

  • Petitioner-Appellee: Agreed with the Court of Appeals' proposed affirmance of the district court's order regarding attorney fees.
  • Respondent-Appellant: Sought reversal of the district court’s order of attorney fees but failed to file a memorandum in opposition to the Court of Appeals' proposed disposition.

Legal Issues

  • Whether the district court's order of attorney fees in favor of the Petitioner should be affirmed.

Disposition

  • The Court of Appeals affirmed the district court's order of attorney fees in favor of the Petitioner.

Reasons

  • KRISTINA BOGARDUS, Judge, with JENNIFER L. ATTREP, Judge, and JACQUELINE R. MEDINA, Judge, concurring: The Court of Appeals decided to affirm the district court's order for several reasons. Primarily, the Respondent's failure to file a memorandum in opposition to the Court of Appeals' proposed disposition was a significant factor. The Court referenced precedents stating that in summary calendar cases, the burden is on the party opposing the proposed disposition to clearly point out errors in fact or law. The Respondent's lack of response was interpreted as an abandonment of the issue, leading to the affirmation of the district court's order (paras 1-2).
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