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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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 MARTIAS ACOSTA and MARIA ACOSTA, 9 Plaintiffs-Appellees, v. NO. 30,003 JOHN H. HENDRIX CORPORATION and TOMMY CARRUTH, 13 Defendants-Appellants.

14 APPEAL FROM THE DISTRICT COURT OF LEA COUNTY William G. Shoobridge, District Judge Trenchard & Hoskins Robert Trenchard, Jr. Paul G. Tellez El Paso, TX for Appellees Hinkle, Hensley, Shanor & Martin, L.L.P. Richard E. Olson Lucas M. Williams Roswell, NM for Appellants 1 MEMORANDUM OPINION FRY, Chief Judge.

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

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

6 IT IS SO ORDERED.

8 CYNTHIA A. FRY, Chief Judge WE CONCUR:

11 MICHAEL D. BUSTAMANTE, Judge

13 CELIA FOY CASTILLO, Judge