Opinion
NO. 35,491
12-22-2016
SHAYNE DAVIS, Petitioner-Appellant, v. FEBIE SUNICO-DAVIS, Respondent-Appellee.
Shayne Davis Carlsbad, NM Pro Se Appellant Febie Sunico-Davis Carlsbad, NM Pro Se Appellee
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. APPEAL FROM THE DISTRICT COURT OF EDDY COUNTY
Jane Shuler Gray, District Judge Shayne Davis
Carlsbad, NM Pro Se Appellant Febie Sunico-Davis
Carlsbad, NM Pro Se Appellee
MEMORANDUM OPINION
VANZI, Judge. {1} Father has appealed orders entered by the district court concerning the ability of Mother to temporarily take Child out of the country for a visit to relatives, as well as placing restrictions on the parties' communications with each other and the manner in which they serve pleadings on each other. We issued a notice of proposed summary disposition proposing to dismiss in part for mootness, and to affirm in part. Father initially filed a request for an extension of time in which to file his memorandum in opposition as well as a "request for leave from appeal." We granted the requested extension, and established the due date for the memorandum in opposition as November 14, 2016. To date, no memorandum in opposition has been filed. In addition, upon further review it appears that Father's "request for leave from appeal" is a request for voluntary dismissal of this appeal. Therefore, based on the failure to timely file a memorandum in opposition as well as the fact that Father apparently no longer wishes to pursue this appeal, we dismiss in part and affirm in part as discussed in the notice of proposed summary disposition.
{2} IT IS SO ORDERED.
/s/ _________
LINDA M. VANZI, Judge
WE CONCUR:
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JAMES J. WECHSLER, Judge /s/ _________
M. MONICA ZAMORA, Judge