This decision of the New Mexico Court of Appeals was not selected for publication in the New Mexico Appellate Reports. Refer to Rule 12-405 NMRA for restrictions on the citation of unpublished decisions. Electronic decisions may contain computer- generated errors or other deviations from the official version filed by the Court of Appeals.

IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO No. A-1-CA-38955 JACQUELINE ADAMS, Plaintiff-Appellant, v. CHARLIE MICHAEL DOSS, M.D., Defendant-Appellee.

APPEAL FROM THE DISTRICT COURT OF SANDOVAL COUNTY George P. Eichwald, District Judge Law Offices of James P. Lyle, P.C.

James P. Lyle Albuquerque, NM for Appellant Hinkle Shanor LLP Dana S. Hardy Jeremy Ian Martin Santa Fe, NM Kathleen Wilson Hari Amrit-Khalsa Albuquerque, NM for Appellee MEMORANDUM OPINION HANISEE, Chief Judge. {1} Plaintiff appeals the denial of a motion for new trial based upon the absence of a recess instruction to the jury. This Court’s notice of proposed summary disposition proposed to affirm the judgment of the district court. [CN 5] Defendant has filed a memorandum in support of that proposed summary disposition. [MIS 1] Plaintiff, however, has not filed a memorandum opposing summary affirmance, and the time for doing so has expired. We, therefore, affirm the judgment entered below. {2} IT IS SO ORDERED.

J. MILES HANISEE, Chief Judge WE CONCUR: KRISTINA BOGARDUS, Judge JANE B. YOHALEM, Judge