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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO RIVERWALK HOLDINGS, LTD., 3 Plaintiff-Appellee, v. No. 32,395 MICHAEL S. SMITH, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY Raymond Z. Ortiz, District Judge Francella M. Wright Albuquerque, NM for Appellee Robert J. Andreotti Santa Fe, NM for Appellant 15 MEMORANDUM OPINION SUTIN, Judge.

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

4 DISMISSED.

5 IT IS SO ORDERED.

6 __________________________________ 7 JONATHAN B. SUTIN, Judge WE CONCUR:

9 _____________________________ MICHAEL E. VIGIL, Judge

11 _____________________________ TIMOTHY L. GARCIA, Judge