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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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 BANK OF COLORADO d/b/a PINNACLE BANK f/k/a WESTERN BANK OF GALLUP, 10 Plaintiff-Appellee, v. NO. 30,841 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 Mason & Isaacson, P.A.

18 Thomas Lynn Isaacson Gallup, NM for Appellee Everett Law Peter Everett, IV Albuquerque, NM for Appellant

25 MEMORANDUM OPINION VIGIL, Judge.

1 Appellant (Defendant) appeals from the district court’s order that strikes his answer on the basis that it was untimely filed. [RP 160] Our notice proposed to dismiss for lack of a final order. In addition, our notice proposed to deny Appellee’s (Plaintiff) request for attorney fees.

5 Defendant did not respond to our notice. See Frick v. Veazey, 116 N.M. 246, 247, 861 P.2d 287, 288 (Ct. App. 1993) (explaining that the failure to file a memorandum in opposition to calendar notice constitutes acceptance of proposed disposition). For reasons set forth in our notice, we dismiss for lack of a final order.

9 While Plaintiff filed a response opposing our proposed denial of its request for attorney fees, we remain unpersuaded by Plaintiff’s arguments, and therefore deny its request.

12 IT IS SO ORDERED.

13 _______________________________ 14 MICHAEL E. VIGIL, Judge

15 WE CONCUR:

16 _________________________________ CELIA FOY CASTILLO, Chief Judge

1 _________________________________ JONATHAN B. SUTIN, Judge