Court of Appeals of New Mexico
Decision Information
Rule Set 12 - Rules of Appellate Procedure - cited by 9,472 documents
Rule Set 1 - Rules of Civil Procedure for the District Courts - cited by 4,514 documents
Decision Content
C CROUCH V. L SHEFFIELD
This memorandum opinion was not selected for publication in the New Mexico 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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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.
CHARLES W. CROUCH, GLADYS CROUCH, and CHARLES
K. CROUCH, Plaintiffs-Appellants,
v.
LEONARD SHEFFIELD and JANE SHEFFIELD,
Defendants-Appellees.
Docket No. 28,958
COURT OF APPEALS OF NEW MEXICO
February 17, 2009
APPEAL FROM THE DISTRICT COURT OF OTERO COUNTY, Jerry H.
Ritter, Jr., District Judge.
COUNSEL
Klipstine, Fredlund & Bowlin, L.L.C., James W. Klipstine Jr., Hobbs, NM, for Appellants.
Robert M. Doughty II, Alamogordo, NM, for Appellees.
JUDGES
CELIA FOY CASTILLO, Judge. WE CONCUR: MICHAEL D. BUSTAMANTE, Judge, MICHAEL E. VIGIL, Judge
AUTHOR:
MEMORANDUM OPINION
CASTILLO, Judge.
Plaintiffs filed an appeal in which they argue the district court erred by dismissing their case under Rule 1-041(E)(1) NMRA because they engaged in timely action in pursuit of their claims prior to the filing of Defendants’ motion to dismiss. This Court issued a calendar notice assigning this case to the summary calendar and proposing summary reversal on January 13, 2008. Defendants have filed a response to our calendar notice and state they will not submit a memorandum in opposition to our proposed summary reversal.
Accordingly, the district court’s dismissal is reversed for the reasons stated in our calendar notice.
IT IS SO ORDERED.
CELIA FOY CASTILLO, Judge
WE CONCUR:
MICHAEL D. BUSTAMANTE, Judge
MICHAEL E. VIGIL, Judge