Opinion
No. A-1-CA-38609
09-24-2020
CITY OF GALLUP, New Mexico, a municipal corporation, Plaintiff/Counterdefendant-Appellee, v. PHILLIP HART, Defendant/Counterplaintiff-Appellant.
Stelzner, Winter, Warburton, Flores & Dawes, P.A. Juan L. Flores Jaime L. Dawes Albuquerque, NM for Appellee Johanna C. Cox Albuquerque, NM for Appellant
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 Refer to Rule 12-405 NMRA for restrictions on the citation of unpublished decisions.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.
APPEAL FROM THE DISTRICT COURT OF MCKINLEY COUNTY
Robert A. Aragon, District Judge
Stelzner, Winter, Warburton,
Flores & Dawes, P.A.
Juan L. Flores
Jaime L. Dawes
Albuquerque, NM
for Appellee
Johanna C. Cox
Albuquerque, NM
for Appellant
MEMORANDUM OPINION
HANISEE, Chief Judge.
{1} Defendant appeals from the district court's final judgment granting Plaintiff's motions for summary judgment on Defendant's counterclaims for harassment, retaliation, and defamation. We issued a notice of proposed summary disposition, proposing to affirm. Plaintiff filed a memorandum in support of our notice. Defendant, however, has not filed a response to our notice, and the time for doing so has expired.
"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. Accordingly, for the reasons set forth in our notice, we affirm.
{2} IT IS SO ORDERED.
J. MILES HANISEE, Chief Judge
WE CONCUR:
JENNIFER L. ATTREP, Judge
BRIANA H. ZAMORA, Judge