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 Plaintiff filed a lawsuit against the Defendant. The specific facts and events leading to the case are not detailed in the decision.
Procedural History
- District Court of Doña Ana County: Granted summary judgment in favor of the Defendant. (headnotes)
Parties' Submissions
- Plaintiff-Appellant: [Not applicable or not found]
- Defendant-Appellee: Submitted a memorandum in support of the Court of Appeals' proposed calendar notice to affirm the district court's decision. (headnotes)
Legal Issues
- Whether the district court's grant of summary judgment in favor of the Defendant should be affirmed. (headnotes)
Disposition
- The Court of Appeals affirmed the district court's decision granting summary judgment in favor of the Defendant. (headnotes)
Reasons
Per Michael E. Vigil J. (Jonathan B. Sutin and Linda M. Vanzi JJ. concurring):
The Court of Appeals proposed affirming the district court's decision in a calendar notice. The Defendant-Appellee submitted a memorandum supporting the proposed disposition, while the Plaintiff-Appellant failed to file any opposition to the calendar notice within the allowed time. Under New Mexico law, failure to oppose a proposed disposition constitutes acceptance of it, as established in Frick v. Veazey, 116 N.M. 246, 247, 861 P.2d 287, 288 (Ct. App. 1993). Consequently, the Court affirmed the district court's decision for the reasons outlined in the calendar notice. (headnotes)