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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO No. A-1-CA-38677 STATE FARM FIRE AND CASUALTY COMPANY, a wholly owned subsidiary of State Farm Mutual Automobile Insurance, Plaintiff-Appellee, v. PATRICK SMITHGEE d/b/a SMITHGEE CONSTRUCTION, Defendant-Appellant.

APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Victor S. Lopez, District Judge Faber and Brand, LLC Jonathan L. Shoener Colombia, MO for Appellee Clayton E. Crowley Albuquerque, NM for Appellant MEMORANDUM OPINION HANISEE, Chief Judge. {1} Summary affirmance was proposed for the reasons stated in the notice of proposed summary disposition. No memorandum opposing summary affirmance has been filed, and the time for doing so has expired. AFFIRMED. {2} IT IS SO ORDERED.

J. MILES HANISEE, Chief Judge WE CONCUR: JENNIFER L. ATTREP, Judge MEGAN P. DUFFY, Judge