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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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 PATRICIA PRESCOTT, individually and as Personal Representative for the purposes of the Wrongful Death Act of the Estate of DARRELL SHUPE, 11 Plaintiff-Appellant, v. No. 30,310 MOYER MASONRY & CONSTRUCTION, INC., a New Mexico corporation, and BRENT MOYER, individually, 16 Defendants-Appellees.

17 APPEAL FROM THE DISTRICT COURT OF GUADALUPE COUNTY Don Maddox, District Judge Fargason, Booth, St. Clair, Richards & Wilkins, LLP Damon Richards Lubbock, TX for Appellant Butt, Thornton & Baehr Law Firm Michael Scott Owen Albuquerque, NM for Appellees 2 MEMORANDUM OPINION SUTIN, Judge.

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

7 AFFIRMED.

8 IT IS SO ORDERED.

9 __________________________________ 10 JONATHAN B. SUTIN, Judge

11 WE CONCUR:

12 __________________________________ CYNTHIA A. FRY, Chief Judge

14 __________________________________ MICHAEL D. BUSTAMANTE, Judge