Court of Appeals of New Mexico

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GERALD WYNN JANECKA,
Petitioner-Appellee,
v.
ELIZABETH LOUISE JANECKA,
Respondent-Appellant.

NO. 33,822

COURT OF APPEALS OF NEW MEXICO

April 30, 2015

APPEAL FROM THE DISTRICT COURT OF SANDOVAL COUNTY, John F. Davis, District Judge

COUNSEL

Law Office of Clifton L. Davidson, LLC, Clifton L. Davidson, Albuquerque, NM, for Appellee

L. Helen Bennett, Albuquerque, NM, for Appellant

JUDGES

JAMES J. WECHSLER, Judge. WE CONCUR: JONATHAN B. SUTIN, Judge, TIMOTHY L. GARCIA, Judge

AUTHOR: JAMES J. WECHSLER

MEMORANDUM OPINION

WECHSLER, Judge.

{1}       Respondent appeals from the district court’s order denying her Rule 1-060 NMRA motion for relief from judgment. On March 2, 2015, this Court issued a calendar notice proposing to affirm. Petitioner filed a memorandum in support of this Court’s notice of proposed disposition. Respondent has not filed a memorandum in opposition to this Court’s 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. This Court therefore affirms the district court’s order for the reasons provided in this Court’s notice of proposed disposition.

{2}       IT IS SO ORDERED.

JAMES J. WECHSLER, Judge

WE CONCUR:

JONATHAN B. SUTIN, Judge

TIMOTHY L. GARCIA, Judge