New Mexico Court of Appeals, 2017

Olson v. Olson

Olson v. Olson
New Mexico Court of Appeals · Decided April 3, 2017

Olson v. Olson

Opinion

This memorandum opinion was not selected for publication in the New Mexico Appellate Reports.

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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO MISTY OLSON, 3 Petitioner-Appellant, v. NO. 35,707 SCOTT OLSON, 6 Respondent-Appellee.

7 APPEAL FROM THE DISTRICT COURT OF SANDOVAL COUNTY Cheryl H. Johnston, District Judge Atler Law Firm, P.C.

10 Timothy J. Atler Albuquerque, NM Roybal-Mack & Cordova, P.C.

13 Antonia Roybal-Mack Albuquerque, NM for Appellant Frazier Law Office William E. Frazier Crystal E. Lees Albuquerque, NM for Appellee 1 MEMORANDUM OPINION VANZI, Chief Judge.

3 {1} Petitioner appeals from the district court’s order adopting the child support hearing officer’s report and recommendations. This Court issued a notice of proposed disposition in which we proposed to reverse the district court’s order. A memorandum in support of our proposed summary disposition was filed by Petitioner. However, no memorandum opposing summary reversal has been filed, and the time for doing so has expired. See Hennessy v. Duryea, 1998-NMCA-036, ¶ 24, 124 N.M. 754, 955 9 P.2d 683 (“Our courts have repeatedly held that, in summary calendar cases, the burden is on the party opposing the proposed disposition to clearly point out errors in fact or law.”).

12 {2} Accordingly, for the reasons stated in this Court’s notice of proposed disposition, we reverse and remand for further proceedings in compliance with Rule 1-053.2 NMRA and Buffington v. McGorty, 2004-NMCA-092, 136 N.M. 226, 96 P.3d 15 787, to sufficiently establish the basis for the district court’s actions.

16 {3} IT IS SO ORDERED.

17 __________________________________ 18 LINDA M. VANZI, Chief Judge

1 WE CONCUR:

2 _________________________________ M. MONICA ZAMORA, Judge

4 _________________________________ J. MILES HANISEE, Judge

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