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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO SANDY ALLEN JONES, 3 Worker-Appellee, v. NO. 32,473 HOLIDAY INN EXPRESS, and AIG CLAIMS SERVICE n/k/a CHARTIS INSURANCE COMPANY, 8 Employer/Insurer/Third-Party Plaintiffs-Appellees, v. ALEA NORTH AMERICA INS. COMPANY, and CHUBB SERVICES CORPORATION, 12 Third-Party Defendants-Appellants.

13 APPEAL FROM THE WORKERS’ COMPENSATION ADMINISTRATION Shanon S. Riley, Workers’ Compensation Judge Sandy Allen Jones Roswell, NM Pro Se Appellee Mason & Isaacson, P.A.

19 Thomas Lynn Isaacson Gallup, NM for Appellees

2 Civerolo, Gralow, Hill & Curtis Lawrence H. Hill Albuquerque, NM for Appellants 6 MEMORANDUM OPINION VANZI, Judge.

8 {1} Alea North America Insurance Company and Chubb Services Corporation appeal from a Workers’ Compensation Administration order that only resolved the medical benefits/reimbursement issues that had been raised, expressly reserving for a later date a ruling on the unfair claim processing/bad faith claims. [RP 796] We therefore issued a calendar notice proposing to dismiss the appeal for lack of finality.

13 No memorandum in opposition to our calendar notice has been filed, and the time for filing a memorandum in opposition has expired. See Rule 12-210(D)(3) NMRA.

15 Accordingly, we dismiss the appeal. See Frick v. Veazey, 116 N.M. 246, 247, 861 16 P.2d 287, 288 (Ct. App. 1993) (“Failure to file a memorandum in opposition constitutes acceptance of the disposition proposed in the calendar notice.”). However, we take judicial notice of our Court files, and we remind the parties that the dismissal

1 of this appeal does not prevent them from raising any issues that they may wish to raise in their new appeals, tentatively docketed as Ct. App. No. 32,698.

3 {2} IT IS SO ORDERED.

4 __________________________________ 5 LINDA M. VANZI, Judge WE CONCUR:

7 _________________________________ M. MONICA ZAMORA, Judge

9 _________________________________ J. MILES HANISEE, Judge