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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO GEORGE MENDOZA, 3 Plaintiff-Appellant, v. NO. 33,913 LUCINDA HUBER, 6 Defendant-Appellee.

7 APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY Manuel I. Arrieta, District Judge Kelly O’Connell Las Cruces, NM for Appellant The Pickett Law Firm, LLC Stephen T. Swaim Lawrence M. Pickett Las Cruces, NM for Appellee 17 MEMORANDUM OPINION VANZI, Judge.

1 {1} Plaintiff appeals from a district court judgment resolving Plaintiff’s quiet title complaint in Defendant’s favor. We issued a calendar notice proposing to dismiss for lack of a final order. Defendant filed a memorandum in support. Plaintiff has not filed a memorandum in opposition, and the time for doing so has expired. See Rule 12- 210(D)(3) NMRA. Accordingly, we dismiss the appeal. See Frick v. Veazey, 1993- NMCA-119, ¶ 2, 116 N.M. 246, 861 P.2d 287 (“Failure to file a memorandum in opposition constitutes acceptance of the disposition proposed in the calendar notice.”).

8 {2} DISMISSED.

9 {3} IT IS SO ORDERED.

10 __________________________________ 11 LINDA M. VANZI, Judge WE CONCUR:

13 _________________________________ MICHAEL D. BUSTAMANTE, Judge

15 _________________________________ JONATHAN B. SUTIN, Judge