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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

2 IN THE MATTER OF THE ESTATE OF RAFAELA CABALLERO, Deceased,

4 CARLOS CABALLERO, 5 Petitioner/Cross Respondent-Appellant, v. No. 31,381 EVA WAGGONER, 8 Respondent/Cross Petitioner-Appellee.

9 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Carl J. Butkus, District Judge R. Carlos Caballero Albuquerque, NM Pro Se Appellant Hurley, Toevs, Styles, Hamblin & Panter, PA Gregory W. MacKenzie Albuquerque, NM Law Offices of Marcus E. Garcia Marcus E. Garcia Albuquerque, NM for Appellee 1 MEMORANDUM OPINION VIGIL, Judge.

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

6 AFFIRMED.

7 IT IS SO ORDERED.

8 _______________________________ 9 MICHAEL E. VIGIL, Judge

10 WE CONCUR:

11 _________________________________ JONATHAN B. SUTIN, Judge

13 _________________________________ LINDA M. VANZI, Judge