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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO WILLIAM GARDNER, 3 Plaintiff/Counterdefendant-Appellee, v. No. A-1-CA-36524 ERIC RIVERA, d/b/a SOUTHWEST METAL DESIGN, 7 Defendant/Counterclaimant/Third-Party 8 Plaintiff/Counterdefendant-Appellant, and KATHRYN GARDNER, 11 Third-Party Defendant/Counterclaimant- 12 Appellee.

13 APPEAL FROM THE DISTRICT COURT OF SANDOVAL COUNTY John F. Davis, District Judge William Gardner Bernalillo, NM Pro se Appellee Houliston & Weaks David M. Houliston Albuquerque, NM for Appellant 2 MEMORANDUM OPINION VIGIL, Judge.

4 {1} Defendant appealed the district court’s adverse judgment following a bench trial. We issued a notice of proposed summary disposition, proposing to affirm.

6 Defendant requested an extension of time in which to file a memorandum in opposition, which was granted. However, the requested extension expired on January 5, 2018, over two weeks have passed since the expiration of the requested extension and no memorandum has been received from Defendant. Therefore, for the reasons stated in the notice of proposed summary disposition, we affirm.

11 IT IS SO ORDERED.

12 ______________________________ 13 MICHAEL E. VIGIL, Judge

14 WE CONCUR:

15 ____________________________ M. MONICA ZAMORA, Judge

17 ____________________________ J. MILES HANISEE, Judge