Cloud Country West v. Hardgrave

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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO No. A-1-CA-38108

CLOUD COUNTRY WEST UNITS

TWO AND THREE PROPERTY

OWNERS ASSOCIATION,

Plaintiff-Appellee, v.

CHUCK HARDGRAVE AND

MELISSA HARDGRAVE, husband and wife,

Defendants-Appellants.

APPEAL FROM THE DISTRICT COURT OF OTERO COUNTY

Angie K. Schneider, District Judge

Courvoisier Law, LLC

Rebekah A. Scott Courvoisier

Alamagordo, NM for Appellee

Richard A. Hawthorne

Ruidoso, NM for Appellants

MEMORANDUM OPINION

VARGAS, Judge. {1} We issued a notice of proposed summary disposition in this matter proposing to affirm the district court. Appellee has filed a memorandum in support of our proposed summary disposition, and Appellant has not filed a memorandum in opposition.

CONCLUSION {2} Accordingly, for the reasons set out in our notice of proposed summary disposition, we affirm the district court. See Frick v. Veazey, 1993-NMCA-119, ¶ 2, 116 N.M. 246, 861 P.2d 287 (“Failure to file a memorandum in opposition constitutes acceptance of the disposition proposed in the calendar notice.”). {3} IT IS SO ORDERED.

JULIE J. VARGAS, Judge

WE CONCUR:

J. MILES HANISEE, Chief Judge

KRISTINA BOGARDUS, Judge