1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

2 CHARLES W. CROUCH, GLADYS CROUCH, and CHARLES K. CROUCH, 4 Plaintiffs-Appellants, v. NO. 28,958 LEONARD SHEFFIELD and JANE SHEFFIELD, 8 Defendants-Appellees.

9 APPEAL FROM THE DISTRICT COURT OF OTERO COUNTY Jerry H. Ritter, Jr., District Judge Klipstine, Fredlund & Bowlin, L.L.C. James W. Klipstine Jr. Hobbs, NM for Appellants Robert M. Doughty II Alamogordo, NM for Appellees

18 MEMORANDUM OPINION CASTILLO, Judge.

20 Plaintiffs filed an appeal in which they argue the district court erred by dismissing their case under Rule 1-041(E)(1) NMRA because they engaged in timely action in pursuit of their claims prior to the filing of Defendants’ motion to dismiss.

3 This Court issued a calendar notice assigning this case to the summary calendar and proposing summary reversal on January 13, 2008. Defendants have filed a response to our calendar notice and state they will not submit a memorandum in opposition to our proposed summary reversal.

7 Accordingly, the district court’s dismissal is reversed for the reasons stated in our calendar notice.

9 IT IS SO ORDERED.

10 ________________________________ 11 CELIA FOY CASTILLO, Judge WE CONCUR:

13 _________________________________ MICHAEL D. BUSTAMANTE, Judge

15 ________________________________ MICHAEL E. VIGIL, Judge