Court of Appeals of New Mexico

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JOE GUTIERREZ, JR.,
Plaintiff-Appellant,
v.
ORLANDO and ROSA
GUTIERREZ,
Defendants-Appellees.

NO. 29,926

COURT OF APPEALS OF NEW MEXICO

February 2, 2010

APPEAL FROM THE DISTRICT COURT OF LINCOLN COUNTY, Karen L. Parsons, District Judge

COUNSEL

The Rose Law Firm, P.C., Timothy L. Rose, Alto, NM, for Appellant

Alan P. Morel, P.A., Alan P. Morel, Ruidoso, NM, Butt Thornton & Baehr PC, Emily A. Franke, Albuquerque, NM, for Appellees

JUDGES

MICHAEL D. BUSTAMANTE, Judge. WE CONCUR: CELIA FOY CASTILLO, Judge, TIMOTHY L. GARCIA, Judge

AUTHOR: MICHAEL D. BUSTAMANTE

MEMORANDUM OPINION

BUSTAMANTE, Judge.

Plaintiff appeals from the district court’s denial of his motion to disqualify the judge was well as an order granting summary judgment and awarding sanctions against him. We proposed to affirm on both issues. Both Plaintiff and Defendants have timely responded to our proposal. Defendants agree with our proposal. Plaintiff recognizes that his issues implicate the district court’s wide discretion and he does not dispute our application of the law to the facts. Nevertheless, he requests that we reconsider our proposal. We decline to do so.

Therefore, for the reasons stated in the calendar notice, we affirm.

IT IS SO ORDERED.

MICHAEL D. BUSTAMANTE, Judge

WE CONCUR:

CELIA FOY CASTILLO, Judge

TIMOTHY L. GARCIA, Judge