Court of Appeals of New Mexico

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CHAPARRAL MATERIALS, INC.,
Plaintiff-Appellant,
v.
HUGO REYNAGA d/b/a BUILDING
EXPRESS,
Defendant
and
HIGH MOUNTAIN HOMES, INC.,
Garnishee-Appellee.

NO. 30,063

COURT OF APPEALS OF NEW MEXICO

April 6, 2010

APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY, Valerie Mackie Huling, District Judge

COUNSEL

Bingham, Hurst, Apodaca & Wile, P.C., Lillian G. Apodaca, Albuquerque, NM, for Appellant

Michael F. Menicucci, Albuquerque, NM, for Appellee

JUDGES

CYNTHIA A. FRY, Chief Judge. WE CONCUR: MICHAEL D. BUSTAMANTE, Judge, MICHAEL E. VIGIL, Judge

AUTHOR: CYNTHIA A. FRY

MEMORANDUM OPINION

FRY, Chief Judge.

On March 22, 2010, Plaintiff-Appellant Chaparral Materials, Inc. filed a response to this Court’s calendar notice indicating that it does not contest this Court’s proposed summary disposition. Accordingly, for the reasons set forth in this Court’s March 2, 2010, calendar notice, we affirm the district court’s order granting High Mountain’s motion to set aside the November 13, 2007, default judgment.

IT IS SO ORDERED.

CYNTHIA A. FRY, Chief Judge

WE CONCUR:

MICHAEL D. BUSTAMANTE, Judge

MICHAEL E. VIGIL, Judge