This memorandum opinion was not selected for publication in the New Mexico Appellate Reports.

Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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

1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO NANCY SHANKS and ARTHUR SHANKS, 3 Plaintiffs-Appellants/Cross-Appellees, v. NO. 32,295 SIMON PROPERTY GROUP, L.P., d/b/a COTTONWOOD SHOPPING MALL, FEDERAL BUILDING SERVICES, INC., 9 Defendants-Appellees/Cross-Appellants.

10 APPEAL FROM THE DISTRICT COURT OF SANDOVAL COUNTY Louis P. McDonald, District Judge Peter Everett IV Albuquerque, NM for Appellants/Cross Appellees Law Office of Marcus Garcia Marcus E. Garcia Albuquerque, NM for Appellees/Cross Appellants 19 MEMORANDUM OPINION VANZI, Judge.

1 {1} 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.

4 {2} AFFIRMED.

5 {3} IT IS SO ORDERED.

6 __________________________________ 7 LINDA M. VANZI, Judge WE CONCUR:

9 _________________________________ JAMES J. WECHSLER, Judge

11 _________________________________ MICHAEL E. VIGIL, Judge