New Mexico Court of Appeals, 2019

Hobson v. Hobson

Hobson v. Hobson
New Mexico Court of Appeals · Decided January 7, 2019

Hobson v. Hobson

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 CHARLES D. HOBSON, 3 Petitioner-Appellant, v. No. A-1-CA-37594 GLORIA HOBSON, 6 Respondent-Appellee, and STATE OF NEW MEXICO ex rel.

9 HUMAN SERVICES DEPARTMENT, 10 Intervenor.

11 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Debra Ramirez, District Judge Charles D. Hobson Cedar Crest, NM Pro Se Appellant Gloria Hobson Albuquerque, NM Pro Se Appellee Becky S. Jiron Albuquerque, NM for Intervenor 3 MEMORANDUM OPINION VANZI, Chief Judge.

5 {1} Petitioner, a self-represented litigant, appeals from the district court’s memorandum order. In this Court’s notice of proposed disposition, we proposed summary affirmance. Petitioner filed a memorandum in opposition (MIO), which we have duly considered. Remaining unpersuaded, we affirm.

9 {2} In his memorandum in opposition, Petitioner continues to argue that the district court abused its discretion because it did not consider his future income when making its determination regarding spousal support [MIO 1-3] and that the law cited in his docketing statement in fact requires him to continue making payments, regardless of whether his ex-wife wishes to receive such payments and regardless of the fact that all of their children are no longer minors [MIO 3-5]. Petitioner has not asserted any new facts, law, or argument, and has not otherwise persuaded us that our notice of proposed disposition was erroneous. See Hennessy v. Duryea, 1998-NMCA-036, ¶ 24, 124 N.M. 754, 955 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.”); State v. Mondragon, 1988-NMCA-027, ¶ 10, 107

1 N.M. 421, 759 P.2d 1003 (stating that a party responding to a summary calendar notice must come forward and specifically point out errors of law and fact, and the repetition of earlier arguments does not fulfill this requirement), superseded by statute on other grounds as stated in State v. Harris, 2013-NMCA-031, ¶ 3, 297 P.3d 374.

5 We therefore refer Petitioner to our analysis therein.

6 {3} Accordingly, for the reasons stated in our notice of proposed disposition and herein, we affirm the district court’s order.

8 {4} IT IS SO ORDERED.

10 LINDA M. VANZI, Chief Judge WE CONCUR:

13 M. MONICA ZAMORA, Judge

15 JULIE J. VARGAS, Judge

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