This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
The case involves a dispute between the plaintiffs, who are homeowners, and the defendants, who are contractors and subcontractors, over alleged construction defects in a residential property. The plaintiffs claimed that the defendants failed to perform their work in a competent and professional manner, resulting in damages to the property. The case also includes third-party claims against subcontractors for their role in the alleged defects.
Procedural History
- District Court of Doña Ana County: The trial court issued a decision, but the specific holding is not detailed in the memorandum opinion.
Parties' Submissions
- Plaintiffs-Appellees: [Not applicable or not found]
- Defendants-Appellants: [Not applicable or not found]
- Third-Party Defendants: [Not applicable or not found]
Legal Issues
- Whether the appeal should be dismissed due to the lack of a memorandum opposing the proposed summary dismissal.
Disposition
- The appeal was dismissed.
Reasons
Per Sutin J. (Vanzi and Garcia JJ. concurring): The Court of Appeals proposed summary dismissal in its notice of proposed summary disposition. No memorandum opposing the summary dismissal was filed by the appellants, and the time for filing such a memorandum had expired. As a result, the Court dismissed the appeal.