Court of Appeals of New Mexico

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CITY OF SANTA FE ex rel. SANTA
FE POLICE DEPARTMENT,
Petitioner-Appellant,
v.
ONE (1) 1988 BLUE CHEVROLET VAN
V.I.N. 1GBEG25H2J7122898 NEW
MEXICO LICENSE NO. NCA302,
Respondent,
and
RAMONA F. TENORIO,
Claimant-Appellee.

NO. 35,760

COURT OF APPEALS OF NEW MEXICO

December 15, 2016

APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY, Sarah M. Singleton, District Judge

COUNSEL

R. Alfred Walker, Assistant City Attorney, Santa Fe, NM, for Appellant

Ramona F. Tenorio, Santa Fe, NM, Pro Se Appellee

JUDGES

LINDA M. VANZI, Judge. WE CONCUR: JAMES J. WECHSLER, Judge, JONATHAN B. SUTIN, Judge

AUTHOR: LINDA M. VANZI

MEMORANDUM OPINION

VANZI, Judge.

{1}       Petitioner City of Santa Fe ex rel. Santa Fe Police Department appeals from the district court’s judgment ordering Petitioner to return Respondent motor vehicle to Claimant Ramona F. Tenorio, a self-represented litigant, entered on July 7, 2016. On October 20, 2016, this Court issued a notice of proposed disposition, proposing to reverse and remand. Appellant filed a memorandum in support of proposed summary reversal and remand. Respondent and Claimant have not filed any memoranda in opposition to this Court’s calendar notice, and the time for doing so has now passed. “Failure to file a memorandum in opposition constitutes acceptance of the disposition proposed in the calendar notice.” Frick v. Veazey, 1993-NMCA-119, ¶ 2, 116 N.M. 246, 861 P.2d 287. Accordingly, for the reasons stated in our notice of proposed disposition and herein, we reverse the district court’s judgment against Petitioner and remand for further proceedings.

{2}       IT IS SO ORDERED.

LINDA M. VANZI, Judge

WE CONCUR:

JAMES J. WECHSLER, Judge

JONATHAN B. SUTIN, Judge