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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO CACH, LLC, 3 Plaintiff/Counter-Defendant/Appellee, v. No. 32,931 DAVID W. RILEY, 6 Defendant/Counter-Plaintiff/Appellant

7 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Denise Barela Shepherd, District Judge Modrall, Sperling, Roehl, Harris & Sisk, P.A.

11 Jennifer G. Anderson Emil J. Kiehne Albuquerque, NM Kanter & Grubesic, P.A.

15 Dana K. Grubesic Albuquerque, NM for Appellee Law Offices of Roger Moore Roger Moore Albuquerque, NM for Appellant 2 MEMORANDUM OPINION BUSTAMANTE, Judge.

4 {1} Defendant/Counter-Plaintiff seeks to appeal from the district court’s order granting his motion for summary judgment due to lack of standing and denying his motion for reconsideration of the court’s ruling on attorney fees related to Plaintiff’s claim. We issued a notice of proposed disposition, proposing to summarily dismiss for lack of a final, appealable order, due to outstanding counterclaims and a lack of certification language that could make the order immediately appealable under Rule 1-054(B)(1) NMRA. Plaintiff/Counter-Defendant has filed a response to our notice, supporting our proposed summary disposition. Defendant/Counter-Plaintiff has not filed a response. “Failure to file a memorandum in opposition constitutes acceptance of the disposition proposed in the calendar notice.” Frick v. Veazey, 1993-NMCA-119, ¶ 2, 116 N.M. 246, 861 P.2d 287. We, therefore, summarily dismiss Defendant/Counter-Plaintiff’s appeal for lack of a final, appealable order for the reasons set forth in our notice.

17 {2} IT IS SO ORDERED.

19 MICHAEL D. BUSTAMANTE, Judge

1 WE CONCUR:

3 JAMES J. WECHSLER, Judge

5 JONATHAN B. SUTIN, Judge