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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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

7 KYLE J. MARTIN, 8 Petitioner-Appellant, v. NO. 31,123 SHONNA L. HERRING, 11 Respondent-Appellee.

12 APPEAL FROM THE DISTRICT COURT OF CHAVES COUNTY Ralph D. Shamas, District Judge Kyle J. Martin Roswell, NM Pro Se Appellant Kraft & Hunter LLP Dustin K. Hunter Roswell, NM for Appellee

21 MEMORANDUM OPINION WECHSLER, Judge.

1 Father appeals the district court’s order awarding attorney fees and a witness fee to Mother. We proposed to affirm in part and reverse in part in a calendar notice.

3 We have received no memorandum in opposition to our calendar notice and the time for doing so has passed. See Frick v. Veazey, 116 N.M. 246, 247, 861 P.2d 287, 288 (Ct. App. 1993) (“Failure to file a memorandum in opposition constitutes acceptance of the disposition proposed in the calendar notice.”). We therefore affirm the judgment for attorney fees in favor of Mother, we reverse the award of a witness fee to Mother, and we direct the district court to adjust the judgment accordingly.

9 IT IS SO ORDERED.

10 ___________________________________ 11 JAMES J. WECHSLER, Judge WE CONCUR:

13 __________________________________ MICHAEL D. BUSTAMANTE, Judge

15 __________________________________ TIMOTHY L. GARCIA, Judge