Court of Appeals of New Mexico
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Rule Set 12 - Rules of Appellate Procedure - cited by 9,435 documents
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BUTLER ENTERPRISES, INC. V. HI-COUNTRY CHEVROLET, INC.
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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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.
BUTLER ENTERPRISES, INC.,
Plaintiff-Appellant,
v.
HI-COUNTRY CHEVROLET, INC.,
and JEFF THOMAS,
Defendants-Appellees.
No. 32,627
COURT OF APPEALS OF NEW MEXICO
March 13, 2013
APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY, Robert
A. Aragon, District Judge
COUNSEL
Miller Stratvert P.A., Dylan O’Reilly, Luke A. Salganek, Farmington, NM, for Appellant
Tucker, Burns, Yoder & Hatfield, Gregory M. Tucker, Farmington, NM, for Appellee
JUDGES
LINDA M. VANZI, Judge. WE CONCUR: MICHAEL D. BUSTAMANTE, Judge, CYNTHIA A. FRY, Judge
MEMORANDUM OPINION
VANZI, Judge.
Plaintiff appeals an order denying its motion to reinstate its case after the case was dismissed for failure to prosecute. In our notice of proposed summary disposition, we proposed to reverse. Defendants have filed a memorandum in which they now concede that Plaintiff’s case should have been reinstated. They therefore do not oppose summary reversal. Accordingly, for the reasons stated in our notice of proposed summary disposition, we reverse.
IT IS SO ORDERED.
LINDA M. VANZI, Judge
WE CONCUR:
MICHAEL D. BUSTAMANTE, Judge
CYNTHIA A. FRY, Judge