Opinion
A-1-CA-39404
11-23-2021
SCOTT MARTIN, Plaintiff-Appellant, v. JOSEFO MARTINEZ, Defendant-Appellee.
Campbell Law LLC John Brendan Campbell Albuquerque, NM for Appellant Montgomery & Andrews, P.A. Randy S. Bartell Kaleb W. Brooks Santa Fe, NM for Appellee
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APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY Francis J. Mathew, District Judge
Campbell Law LLC John Brendan Campbell Albuquerque, NM for Appellant
Montgomery & Andrews, P.A. Randy S. Bartell Kaleb W. Brooks Santa Fe, NM for Appellee
MEMORANDUM OPINION
ZACHARY A. IVES, JUDGE
{¶1} Following a bench trial in favor of Defendant, Plaintiff appeals from the district court's orders denying Plaintiff's pretrial request for a continuance and post-trial request for a discovery sanction. We issued a notice of proposed summary disposition proposing to affirm. Defendant filed a memorandum in support of our proposed summary affirmance, which we have duly considered. Plaintiff 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 Defendant failed to demonstrate error on appeal. Farmers, Inc., v. Dal Mach. & Fabricating, Inc., 1990-NMSC-100, ¶ 8, 111 N.M. 6, 800 P.2d 1063 (stating that the burden is on the appellant to clearly demonstrate that the trial court erred); State v. Aragon, 1999-NMCA-060, ¶ 10, 127 N.M. 393, 981 P.2d 1211 (stating that there is a presumption of correctness in the rulings or decisions of the trial court, and the party claiming error bears the burden of showing such error). Accordingly, we affirm.
{¶3} IT IS SO ORDERED.
WE CONCUR: JACQUELINE R. MEDINA, Judge, SHAMMARA H. HENDERSON, Judge