Opinion
A-1-CA-39682
02-14-2022
BARBARA B. SHARP, Petitioner-Appellee, v. LYNN S. SHARP, Respondent-Appellant.
Walther Family Law PC Gretchen Mary Walther Santa Fe, NM for Appellee Michael Danoff Albuquerque, NM for Appellant
Corrections to this opinion/decision not affecting the outcome, at the Court's discretion, can occur up to the time of publication with NM Compilation Commission. The Court will ensure that the electronic version of this opinion/decision is updated accordingly in Odyssey.
APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Jane C. Levy, District Judge
Walther Family Law PC Gretchen Mary Walther Santa Fe, NM for Appellee
Michael Danoff Albuquerque, NM for Appellant
MEMORANDUM OPINION
KRISTINA BOGARDUS, JUDGE
{¶1} Respondent appeals seeking reversal of the district court's order of attorney fees. [CN 1] In our notice of proposed disposition, we proposed to summarily affirm the district court. [CN 3] Petitioner filed a memorandum in support, which agreed with our proposed affirmance. Respondent, however, failed to file a memorandum in opposition to our proposed disposition. Accordingly, for the reasons stated herein and in our notice of proposed disposition, we affirm. See Hennessy v. Duryea, 1998-NMCA-036, ¶ 24, 124 N.M. 754, 955 P.2d 683 ("Our courts have repeatedly held that, in summary calendar cases, the burden is on the party opposing the proposed disposition to clearly point out errors in fact or law."); State v. Johnson, 1988-NMCA-029, ¶ 8, 107 N.M. 356, 758 P.2d 306 (explaining that when a case is decided on the summary calendar, an issue is deemed abandoned when a party fails to respond to the proposed disposition of that issue).
{¶2} IT IS SO ORDERED.
WE CONCUR: JENNIFER L. ATTREP, Judge, JACQUELINE R. MEDINA, Judge