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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO SONYA CASTILLO, Personal Representative over the Estate of ALFREDO CASTILLO, Individually, and as next of friend of the minor children, BRIAN LOPEZ, CHRISTIAN CASTILLO, and JULISSA CASTILLO, 9 Plaintiff-Appellant, v. No. 34,643 NOR-LEA GENERAL HOSPITAL; and NOR-LEA GENERAL HOSPITAL CLINIC, and JUAN SOTO LOPEZ, MD., 14 Defendants-Appellees.

15 APPEAL FROM THE DISTRICT COURT OF LEA COUNTY William G. Shoobridge, District Judge Max Houston Proctor Hobbs, NM for Appellant Miller Stratvert P.A.

21 Thomas R. Mack Albuquerque, NM for Appellee 2 MEMORANDUM OPINION KENNEDY, Judge.

4 {1} Plaintiff Sonya Castillo appeals from the district court’s judgment of dismissal with prejudice, [2 RP 244] and subsequent order denying her motion for relief from judgment. [2 RP 414] Summary dismissal in part and affirmance in part was proposed for the reasons stated in notice of proposed disposition. Our records indicate that counsel for Plaintiff was served with the notice. No memorandum opposing our proposed summary disposition has been filed, and the time for doing so has expired.

10 See Rule 12-210(D)(3) NMRA. Accordingly, we dismiss Plaintiff’s appeal from the judgment of dismissal with prejudice for untimely filing of her notice of appeal, and affirm the district court’s denial of her motion for relief from judgment.

13 {2} IT IS SO ORDERED.

14 _______________________________ 15 RODERICK T. KENNEDY, Judge WE CONCUR:

17 ___________________________________ TIMOTHY L. GARCIA, Judge

1 ___________________________________ J. MILES HANISEE, Judge