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Saunders v. Rodriguez

COURT OF APPEALS OF THE STATE OF NEW MEXICO
Jun 23, 2015
NO. 34,575 (N.M. Ct. App. Jun. 23, 2015)

Opinion

NO. 34,575

06-23-2015

NICKIE SAUNDERS, Petitioner-Appellant, v. KAITLYNN RODRIGUEZ and ROBERT GARCIA, Respondents-Appellees.

Nickie Saunders Carlsbad, NM Pro Se Appellant Kaitlyn Rodriguez Robert Garcia Carlsbad, NM Pro Se Appellees


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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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
Raymond L. Romero, District Judge
Nickie Saunders
Carlsbad, NM
Pro Se Appellant Kaitlyn Rodriguez
Robert Garcia
Carlsbad, NM
Pro Se Appellees

MEMORANDUM OPINION

VIGIL, Judge. {1} Petitioner-Appellant Nickie Saunders (Petitioner) appeals from the district court's order denying her petition to be appointed as the kinship guardian for Donovan H. (Child). On May 21, 2015, this Court issued a notice of proposed disposition wherein we proposed to affirm the district court's decision. Child's mother filed a document with this Court asserting that she no longer consents to Petitioner being appointed guardian of Child. This information, however, was not before the district court and this Court, therefore, will not consider it on appeal. See State v. Reynolds, 1990-NMCA-122, ¶ 16, 111 N.M. 263, 804 P.2d 1082 ("Matters outside the record present no issue for review."). Petitioner, on the other hand, has not filed a memorandum opposing this Court's notice of proposed disposition, and the time for doing so has now passed. See Frick v. Veazey, 1993-NMCA-119, ¶ 2, 116 N.M. 246, 861 P.2d 287 ("Failure to file a memorandum in opposition constitutes acceptance of the disposition proposed in the calendar notice."). Accordingly, we affirm the district court's decision for the reasons articulated in this Court's notice of proposed disposition.

{2} IT IS SO ORDERED.

/s/ _________

MICHAEL E. VIGIL, Chief Judge

WE CONCUR:

/s/ _________
MICHAEL D. BUSTAMANTE, Judge
/s/ _________
JONATHAN B. SUTIN, Judge


Summaries of

Saunders v. Rodriguez

COURT OF APPEALS OF THE STATE OF NEW MEXICO
Jun 23, 2015
NO. 34,575 (N.M. Ct. App. Jun. 23, 2015)
Case details for

Saunders v. Rodriguez

Case Details

Full title:NICKIE SAUNDERS, Petitioner-Appellant, v. KAITLYNN RODRIGUEZ and ROBERT…

Court:COURT OF APPEALS OF THE STATE OF NEW MEXICO

Date published: Jun 23, 2015

Citations

NO. 34,575 (N.M. Ct. App. Jun. 23, 2015)