Court of Appeals of New Mexico

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SONYA CASTILLO, Personal
Representative over the Estate of
ALFREDO CASTILLO, Individually,
and as next of friend of the minor
children, BRIAN LOPEZ,
CHRISTIAN CASTILLO, and
JULISSA CASTILLO,
Plaintiff-Appellant,
v.
NOR-LEA GENERAL HOSPITAL;
and NOR-LEA GENERAL HOSPITAL
CLINIC, and JUAN SOTO LOPEZ, MD.,
Defendants-Appellees.

No. 34,643

COURT OF APPEALS OF NEW MEXICO

February 9, 2016

APPEAL FROM THE DISTRICT COURT OF LEA COUNTY, William G. Shoobridge, District Judge

COUNSEL

Max Houston Proctor, Hobbs, NM, for Appellant

Miller Stratvert P.A., Thomas R. Mack, Albuquerque, NM, for Appellee

JUDGES

RODERICK T. KENNEDY, Judge. WE CONCUR: TIMOTHY L. GARCIA, Judge, J. MILES HANISEE, Judge

AUTHOR: RODERICK T. KENNEDY

MEMORANDUM OPINION

KENNEDY, Judge.

{1}       Plaintiff Sonya Castillo appeals from the district court’s judgment of dismissal with prejudice, [2 RP 244] and subsequent order denying her motion for relief from judgment. [2 RP 414] Summary dismissal in part and affirmance in part was proposed for the reasons stated in notice of proposed disposition. Our records indicate that counsel for Plaintiff was served with the notice. No memorandum opposing our proposed summary disposition has been filed, and the time for doing so has expired. See Rule 12-210(D)(3) NMRA. Accordingly, we dismiss Plaintiff’s appeal from the judgment of dismissal with prejudice for untimely filing of her notice of appeal, and affirm the district court’s denial of her motion for relief from judgment.

{2}       IT IS SO ORDERED.

RODERICK T. KENNEDY, Judge

WE CONCUR:

TIMOTHY L. GARCIA, Judge

J. MILES HANISEE, Judge