Court of Appeals of New Mexico

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BANK OF COLORADO d/b/a
PINNACLE BANK f/k/a
WESTERN BANK OF GALLUP,
Plaintiff-Appellee,
v.
LL and D, INC., d/b/a RESPOND
NEW MEXICO,
Defendant-Appellant.

NO. 30,841

COURT OF APPEALS OF NEW MEXICO

April 13, 2011

APPEAL FROM THE DISTRICT COURT OF McKINLEY COUNTY, Robert A. Aragon, District Judge

COUNSEL

Mason & Isaacson, P.A., Thomas Lynn Isaacson, Gallup, NM, for Appellee

Everett Law, Peter Everett, IV, Albuquerque, NM, for Appellant

JUDGES

MICHAEL E. VIGIL, Judge. WE CONCUR: CELIA FOY CASTILLO, Chief Judge, JONATHAN B. SUTIN, Judge

AUTHOR: MICHAEL E. VIGIL

MEMORANDUM OPINION

VIGIL, Judge.

Appellant (Defendant) appeals from the district court’s order that strikes his answer on the basis that it was untimely filed. [RP 160] Our notice proposed to dismiss for lack of a final order. In addition, our notice proposed to deny Appellee’s (Plaintiff) request for attorney fees.

Defendant did not respond to our notice. See Frick v. Veazey, 116 N.M. 246, 247, 861 P.2d 287, 288 (Ct. App. 1993) (explaining that the failure to file a memorandum in opposition to calendar notice constitutes acceptance of proposed disposition). For reasons set forth in our notice, we dismiss for lack of a final order. While Plaintiff filed a response opposing our proposed denial of its request for attorney fees, we remain unpersuaded by Plaintiff’s arguments, and therefore deny its request.

IT IS SO ORDERED.

MICHAEL E. VIGIL, Judge

WE CONCUR:

CELIA FOY CASTILLO, Chief Judge

JONATHAN B. SUTIN, Judge