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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.

3 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 BANK OF COLORADO d/b/a PINNACLE BANK f/k/a WESTERN BANK OF GALLUP, 10 Plaintiff-Appellee, v. No. 30,138 LL and D, INC. d/b/a RESPOND NEW MEXICO, 14 Defendant-Appellant.

15 APPEAL FROM THE DISTRICT COURT OF MCKINLEY COUNTY Robert A. Aragon, District Judge Thomas Lynn Isaacson Gallup, NM for Appellee Peter Everett IV Albuquerque, NM for Appellant 23 MEMORANDUM OPINION SUTIN, Judge.

1 Summary dismissal was proposed for the reasons stated in the notice of proposed summary disposition. No memorandum opposing summary dismissal has been filed and the time for doing so has expired.

4 DISMISSED.

5 IT IS SO ORDERED.

6 __________________________________ 7 JONATHAN B. SUTIN, Judge WE CONCUR:

9 _________________________________ CYNTHIA A. FRY, Chief Judge

11 _________________________________ MICHAEL E. VIGIL, Judge