New Mexico Court of Appeals, 2011

Blechle v. Vincent

Blechle v. Vincent
New Mexico Court of Appeals · Decided March 2, 2011

Blechle v. Vincent

Opinion

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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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 CHARLES BLECHLE, SALLY BLECHLE, CHERYL KURK, PEGGY CHESTER, JOSEPH D.

10 ALBILLAR, and JOHN D. MOSES, 12 Plaintiffs-Appellees, v. NO. 30,572 SANGRE ROSE, LLC, JIM VINCENT, and PATRICIA VINCENT, 17 Defendants-Appellants.

18 APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY Raymond Z. Ortiz, District Judge Scheuer, Yost & Patterson Kristofer C. Knutson Santa Fe, NM for Appellees Sangre Rose, LLC Jim and Patricia Vincent Santa Fe, NM Pro Se Appellants 1 MEMORANDUM OPINION KENNEDY, Judge.

3 Appellants (Defendants) appeal from the district court’s “order granting motion to enforce settlement agreement.” [RP 311] Our notice proposed to affirm.

5 Defendants did not file a memorandum in opposition. See Frick v. Veazey, 116 N.M. 6 246, 247, 861 P.2d 287, 288 (Ct. App. 1993) (recognizing that the failure to file a memorandum in opposition to a calendar notice constitutes acceptance of a proposed disposition). Appellees (Plaintiffs) filed an untimely memorandum supporting our proposed affirmance. For reasons set forth in the notice, we affirm.

10 IT IS SO ORDERED.

11 ___________________________________ 12 RODERICK T. KENNEDY, Judge WE CONCUR:

14 ___________________________ MICHAEL E. VIGIL, Judge

16 ___________________________ LINDA M. VANZI, Judge

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