Shutes v. Avilucea

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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO No. A-1-CA-39787

SARAH SHUTES,

Petitioner-Appellee, v.

GABRIEL AVILUCEA,

Respondent-Appellant.

APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY

Debra Ramirez, District Judge

Sarah Shutes

Albuquerque, NM

Pro Se Appellee

Cristina A. Mulcahy

Santa Fe, NM for Appellant

MEMORANDUM OPINION

ATTREP, Judge. {1} Respondent appeals the district court’s issuance of an order of protection to Petitioner. We issued a notice of proposed summary disposition proposing to reverse and remand. Respondent filed a memorandum in support of our proposed summary affirmance, which we have duly considered. Petitioner did not file a memorandum in opposition to our proposed disposition, and the time for doing so has now run. {2} For the reasons outlined in our notice of proposed disposition, and in the absence of opposition from either party, we conclude that the evidence was insufficient to support the issuance of a protective order. Accordingly, we reverse and remand. {3} IT IS SO ORDERED.

JENNIFER L. ATTREP, Judge

WE CONCUR:

KRISTINA BOGARDUS, Judge

JANE B. YOHALEM, Judge