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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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 RICHARD HEISE, 8 Plaintiff-Appellant, v. No. 31,397 ENCOMPASS INSURANCE COMPANY OF AMERICA, a foreign corporation, 12 Defendants-Appellees.

13 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Nan G. Nash, District Judge Dolan & Associates, PC Daniel R. Dolan, II Albuquerque, NM for Appellant Simone, Roberts & Weiss, PA Stephen M. Simone Albuquerque, NM for Appellees 1 MEMORANDUM OPINION BUSTAMANTE, Judge.

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

6 Affirmed.

7 IT IS SO ORDERED.

9 MICHAEL D. BUSTAMANTE, Judge WE CONCUR:

12 LINDA M. VANZI, Judge

14 TIMOTHY L. GARCIA, Judge