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

2 PUBLIC SERVICE COMPANY OF NEW MEXICO, a New Mexico Corporation, 5 Plaintiff-Appellee, v. NO. 28,959 RANCHO VISTA DEVELOPMENT, LLC, a New Mexico Limited Liability Company, 10 Defendant-Appellant.

11 APPEAL FROM THE DISTRICT COURT OF SANDOVAL COUNTY Louis P. McDonald, District Judge

13 Keleher & McLeod PA Thomas A. Domme Albuquerque, NM Miller Stratvert PA Kirk R. Allen Albuquerque, NM for Appellee Rudolph B. Chavez Albuquerque, NM for Appellant 23 MEMORANDUM OPINION CASTILLO, Judge.

2 In this Court’s notice of proposed summary disposition, we proposed to dismiss Rancho Vista Development’s appeal as premature. Rancho Vista Development did not file a memorandum in opposition to this Court’s proposed disposition, and the time to do so has passed. Instead, Rancho Vista Development sent a letter to this Court, informing the Court that Rancho Vista Development did not intent to pursue its appeal. Rancho Vista Development did not, however, file a voluntary dismissal agreement with this Court pursuant to Rule 12-401(B) NMRA. Therefore, we now dismiss the appeal for the reasons stated in the notice of proposed summary disposition.

11 IT IS SO ORDERED.

12 ________________________________ 13 CELIA FOY CASTILLO, Judge WE CONCUR:

15 ________________________________ JAMES J. WECHSLER, Judge

17 ________________________________ ROBERT E. ROBLES, Judge