AI Generated Opinion Summaries

Decision Information

Citations - New Mexico Laws and Court Rules
Rule Set 12 - Rules of Appellate Procedure - cited by 9,535 documents

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 Plaintiff against a district court order that granted the Defendant's motion for summary judgment. The specific events leading to the case are not detailed in the provided text.

Procedural History

  • District Court of Bernalillo County, Beatrice J. Brickhouse, District Judge: Granted Defendant's motion for summary judgment.

Parties' Submissions

  • Plaintiff-Appellant: The Plaintiff's arguments or submissions in opposition to the Defendant's motion for summary judgment are not specified in the provided text.
  • Defendant-Appellee: Filed a memorandum in support of the district court's decision to grant the motion for summary judgment (para 1).

Legal Issues

  • Whether the district court's order granting Defendant's motion for summary judgment should be affirmed.

Disposition

  • The Court of Appeals affirmed the district court's order granting the Defendant's motion for summary judgment (para 2).

Reasons

  • Jonathan B. Sutin, Judge (Linda M. Vanzi, Judge, and J. Miles Hanisee, Judge, concurring): The Court decided to affirm the district court's decision based on the Plaintiff's failure to file a memorandum in opposition to the Defendant's motion for summary judgment, following the issuance of a calendar notice proposing to affirm the district court's order. The Court referenced Rule 12-210(D)(3) NMRA, which implies that failure to file a memorandum in opposition constitutes acceptance of the proposed disposition, citing Frick v. Veazey as precedent (para 1).
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