Opinion
NO. A-1-CA-36228
12-21-2017
WELLS FARGO BANK, N.A., Plaintiff-Appellee, v. GILBERT ANAYA and MARY C. ANAYA, Defendants-Appellants.
McCarthy Holthus, LLP Joshua T. Chappell Karen Howden Weaver Albuquerque, NM for Appellee Gilbert Anaya Mary C. Anaya Santa Fe, NM Pro Se Appellants
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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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 SANTA FE COUNTY
Francis J. Mathew, District Judge McCarthy Holthus, LLP
Joshua T. Chappell
Karen Howden Weaver
Albuquerque, NM for Appellee Gilbert Anaya
Mary C. Anaya
Santa Fe, NM Pro Se Appellants
MEMORANDUM OPINION
VANZI, Chief Judge. {1} Defendants Gilbert and Mary C. Anaya appeal from the district court's order granting summary judgment in favor of Plaintiff Wells Fargo Bank, N.A. This Court issued a notice of proposed disposition, proposing to affirm. In response, Plaintiff filed a memorandum in support of our notice of proposed disposition. Defendants did not file a response. We are therefore not convinced that our proposed disposition is incorrect. 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."). {2} Accordingly, we rely on the reasoning contained in our notice of proposed disposition and affirm.
{3} IT IS SO ORDERED.
/s/ _________
LINDA M. VANZI, Chief Judge
WE CONCUR:
/s/ _________
MICHAEL E. VIGIL, Judge /s/ _________
J. MILES HANISEE, Judge