Roundtree v. Mezta

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 Refer to Rule 12-405 NMRA for restrictions on the citation of unpublished decisions.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-40206

JAMES ROUNDTREE,

Plaintiff-Appellant, v.

MARIA MEZTA and GEICO

INSURANCE COMPANY,

Defendants-Appellees.

APPEAL FROM THE DISTRICT COURT OF LEA COUNTY

Lee A. Kirksey, District Judge

Law Offices of Ross Bettis

Ross R. Bettis

Hobbs, NM for Appellant

Law Office of J. Douglas Compton

Pablo A. Seifert

Albuquerque, NM for Appellees

MEMORANDUM OPINION

MEDINA, Judge. {1} Plaintiff appeals from the district court’s order granting summary judgment in favor of Defendants. Unpersuaded that Plaintiff’s docketing statement demonstrated error, we proposed to summarily affirm in a calendar notice. Defendants filed a memorandum in support of our proposed summary disposition. Plaintiff, however, has not responded to our proposed disposition, and the time for doing so has passed. “Failure to file a memorandum in opposition constitutes acceptance of the disposition proposed in the calendar notice.” Frick v. Veazey, 1993-NMCA-119, ¶ 2, 116 N.M. 246, 861 P.2d 287. Thus, for the reasons provided in our calendar notice, we affirm the district court’s order granting summary judgment. {2} IT IS SO ORDERED.

JACQUELINE R. MEDINA, Judge

WE CONCUR:

J. MILES HANISEE, Chief Judge

JENNIFER L. ATTREP, Judge