Court of Appeals of New Mexico
Decision Information
Rule Set 12 - Rules of Appellate Procedure - cited by 9,435 documents
Citations - New Mexico Appellate Reports
Frick v. Veazey - cited by 97 documents
Decision Content
LUCERO V. THOMPSON
This memorandum opinion was not selected for publication in the New Mexico Appellate 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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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.
MICHAEL C. LUCERO,
Petitioner-Appellant,
v.
APRIL D. THOMPSON,
Respondent-Appellee.
No. 32,529
COURT OF APPEALS OF NEW MEXICO
June 13, 2013
APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY,
Gerard J. Lavelle, District Judge
COUNSEL
Lastrapes, Spangler & Pacheco, Phillip E. Marbury, Rio Rancho, NM, for Appellant
Kelley Family Law, P.C., Patrick T. Kelley, Albuquerque, NM, for Appellee
JUDGES
LINDA M. VANZI, Judge. WE CONCUR: RODERICK T. KENNEDY, Chief Judge, MICHAEL D. BUSTAMANTE, Judge
MEMORANDUM OPINION
VANZI, Judge.
Petitioner appeals from a district court order permitting Respondent to relocate the children and modifying custody accordingly. We issued an amended calendar notice proposing to affirm. Petitioner has not filed a memorandum in opposition, and the time for doing so has expired. See Rule 12-210(D)(3) NMRA. Accordingly, we affirm the district court order. See Frick v. Veazey, 116 N.M. 246, 247, 861 P.2d 287, 288 (Ct. App. 1993) (“Failure to file a memorandum in opposition constitutes acceptance of the disposition proposed in the calendar notice.”). Respondent’s motion to expedite mandate is hereby GRANTED.
IT IS SO ORDERED.
LINDA M. VANZI, Judge
WE CONCUR:
RODERICK T. KENNEDY, Chief Judge
MICHAEL D. BUSTAMANTE, Judge