1 This memorandum opinion was not selected for publication in the New Mexico Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date.

6 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO STEP UP, LLC, 8 Plaintiff-Appellant v. NO. 30,257 ERIC BATAVIA d/b/a BATAVIA MACHINERY AND THREE RIVERS MACHINERY, 13 Defendants-Appellees.

14 APPEAL FROM THE DISTRICT COURT OF SIERRA COUNTY Kevin Sweazea, District Judge Mark A. Filosa Truth or Consequences, NM for Appellant Sandenaw Law Firm, P.C.

20 Cody R. Rogers Las Cruces, NM Hinkle, Hensley, Shanor & Martin, LLP Roswell, NM for Appellees 25 MEMORANDUM OPINION FRY, Chief Judge.

1 Summary affirmance was proposed for the reasons stated in the calendar notice.

2 No memorandum opposing summary affirmance has been filed, and the time for doing so has expired. AFFIRMED.

4 IT IS SO ORDERED.

6 CYNTHIA A. FRY, Chief Judge WE CONCUR:

9 JAMES J. WECHSLER, Judge

11 MICHAEL E. VIGIL, Judge