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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO BUTLER ENTERPRISES, INC., 3 Plaintiff-Appellant, v. NO. 32,627 HI-COUNTRY CHEVROLET, INC., and JEFF THOMAS, 7 Defendants-Appellees.

8 APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY Robert A. Aragon, District Judge Miller Stratvert P.A.

11 Dylan O’Reilly Luke A. Salganek Farmington, NM for Appellant Tucker, Burns, Yoder & Hatfield Gregory M. Tucker Farmington, NM for Appellee 19 MEMORANDUM OPINION VANZI, Judge.

1 Plaintiff appeals an order denying its motion to reinstate its case after the case was dismissed for failure to prosecute. In our notice of proposed summary disposition, we proposed to reverse. Defendants have filed a memorandum in which they now concede that Plaintiff’s case should have been reinstated. They therefore do not oppose summary reversal. Accordingly, for the reasons stated in our notice of proposed summary disposition, we reverse.

7 IT IS SO ORDERED.

8 __________________________________ 9 LINDA M. VANZI, Judge WE CONCUR:

11 _________________________________ MICHAEL D. BUSTAMANTE, Judge

13 _________________________________ CYNTHIA A. FRY, Judge