Court of Appeals of New Mexico
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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
D DUNAGAN V. G CHAVEZ
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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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.
DANIEL R. DUNAGAN,
Petitioner-Appellee,
v.
GLORIA CHAVEZ, Respondent-Appellant.
Docket No. 29,188
COURT OF APPEALS OF NEW MEXICO
April 21, 2009
APPEAL FROM THE DISTRICT COURT OF GRANT COUNTY, MIKE
MURPHY, District Judge.
COUNSEL
Gloria Chavez, Hurley, NM, Pro Se Appellant.
JUDGES
RODERICK T. KENNEDY, Judge. WE CONCUR: JAMES J. WECHSLER, Judge, ROBERT E. ROBLES, Judge
AUTHOR:
MEMORANDUM OPINION
KENNEDY, Judge.
Respondent, pro se, appeals the district court’s order granting the petition for dissolution of marriage and dividing the property. We issued a notice of proposed summary disposition, proposing to affirm the district court’s order. In our notice, we stated that the arguments Respondent raises on appeal should have been raised first in district court, including Respondent’s arguments that she was not given notice of the hearing on the petition for dissolution of marriage. [CN 2] We explained that if Respondent wishes to pursue the claims she has raised in the Court, then she may do so in district court by seeking relief from the final order. [CN 2-3] We referred Respondent to Rule 1-060(B) NMRA (permitting parties to seek relief from a judgment on several grounds, including mistake, inadvertence, excusable neglect, newly discovered evidence, the judgment is void, etc.) [CN 2-3] Respondent has filed an informal memorandum in opposition to our notice, indicating that she has filed a motion to reconsider the order granting petition for dissolution of marriage in district court. We construe this response as an acceptance of our proposed disposition. Accordingly, we affirm.
IT IS SO ORDERED.
RODERICK T. KENNEDY, Judge
WE CONCUR:
JAMES J. WECHSLER, Judge
ROBERT E. ROBLES, Judge