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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

2 JEFF SHANER, 3 Petitioner-Appellant, v. NO. 34,066 CARLA SHANER, 6 Respondent-Appellee.

7 APPEAL FROM THE DISTRICT COURT OF LEA COUNTY Gary L. Clingman, District Judge

9 Sanders, Bruin, Coll & Worley, P.A.

10 Clayton S. Hightower Roswell, NM for Appellant Barbara A. Patterson Law Firm PC Barbara A. Patterson Roswell, NM Sprouse Shrader Smith, PLLC W. Will Masters, III Denver City, Texas for Appellee 1 MEMORANDUM OPINION WECHSLER, Judge.

3 {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.

6 {2} Accordingly, we affirm for the reasons stated in our calendar notice.

7 {3} IT IS SO ORDERED.

8 __________________________________ 9 JAMES J. WECHSLER, Judge

10 WE CONCUR:

11 _________________________________ RODERICK T. KENNEDY, Chief Judge

13 _________________________________ CYNTHIA A. FRY, Judge