Court of Appeals of New Mexico
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Rule Set 12 - Rules of Appellate Procedure - cited by 9,435 documents
Citations - New Mexico Appellate Reports
Frick v. Veazey - cited by 97 documents
State v. Reynolds - cited by 141 documents
Decision Content
SAUNDERS V. RODRIGUEZ
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NICKIE SAUNDERS,
Petitioner-Appellant,
v.
KAITLYNN RODRIGUEZ and
ROBERT GARCIA,
Respondents-Appellees.
No. 34,575
COURT OF APPEALS OF NEW MEXICO
June 23, 2015
APPEAL FROM THE DISTRICT COURT OF EDDY COUNTY, Raymond L.
Romero, District Judge
COUNSEL
Nickie Saunders, Carlsbad, NM, Pro Se Appellant
Kaitlyn Rodriguez, Robert Garcia, Carlsbad, NM, Pro Se Appellees
JUDGES
MICHAEL E. VIGIL, Chief Judge. WE CONCUR: MICHAEL D. BUSTAMANTE, Judge, JONATHAN B. SUTIN, Judge
MEMORANDUM OPINION
VIGIL, Judge.
{1} Petitioner-Appellant Nickie Saunders (Petitioner) appeals from the district court’s order denying her petition to be appointed as the kinship guardian for Donovan H. (Child). On May 21, 2015, this Court issued a notice of proposed disposition wherein we proposed to affirm the district court’s decision. Child’s mother filed a document with this Court asserting that she no longer consents to Petitioner being appointed guardian of Child. This information, however, was not before the district court and this Court, therefore, will not consider it on appeal. See State v. Reynolds, 1990-NMCA-122, ¶ 16, 111 N.M. 263, 804 P.2d 1082 (“Matters outside the record present no issue for review.”). Petitioner, on the other hand, has not filed a memorandum opposing this Court’s notice of proposed disposition, and the time for doing so has now passed. See Frick v. Veazey, 1993-NMCA-119, ¶ 2, 116 N.M. 246, 861 P.2d 287 (“Failure to file a memorandum in opposition constitutes acceptance of the disposition proposed in the calendar notice.”). Accordingly, we affirm the district court’s decision for the reasons articulated in this Court’s notice of proposed disposition.
{2} IT IS SO ORDERED.
MICHAEL E. VIGIL, Chief Judge
WE CONCUR:
MICHAEL D. BUSTAMANTE, Judge
JONATHAN B. SUTIN, Judge