Court of Appeals of New Mexico

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PUBLIC SERVICE COMPANY
OF NEW MEXICO, a New Mexico
Corporation,
Plaintiff-Appellee,
v.
RANCHO VISTA DEVELOPMENT,
LLC, a New Mexico Limited Liability
Company,
Defendant-Appellant.

NO. 28,959

COURT OF APPEALS OF NEW MEXICO

January 30, 2009

APPEAL FROM THE DISTRICT COURT OF SANDOVAL COUNTY, Louis P. McDonald, District Judge

COUNSEL

Keleher & McLeod PA, Thomas A. Domme, Albuquerque, NM, Miller Stratvert PA, Kirk R. Allen, Albuquerque, NM, for Appellee

Rudolph B. Chavez, Albuquerque, NM, for Appellant

JUDGES

CELIA FOY CASTILLO, Judge. WE CONCUR: JAMES J. WECHSLER, Judge, ROBERT E. ROBLES, Judge

AUTHOR: CELIA FOY CASTILLO

MEMORANDUM OPINION

CASTILLO, Judge.

In this Court’s notice of proposed summary disposition, we proposed to dismiss Rancho Vista Development’s appeal as premature. Rancho Vista Development did not file a memorandum in opposition to this Court’s proposed disposition, and the time to do so has passed. Instead, Rancho Vista Development sent a letter to this Court, informing the Court that Rancho Vista Development did not intent to pursue its appeal. Rancho Vista Development did not, however, file a voluntary dismissal agreement with this Court pursuant to Rule 12-401(B) NMRA. Therefore, we now dismiss the appeal for the reasons stated in the notice of proposed summary disposition.

IT IS SO ORDERED.

CELIA FOY CASTILLO, Judge

WE CONCUR:

JAMES J. WECHSLER, Judge

ROBERT E. ROBLES, Judge