Court of Appeals of New Mexico

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DANIEL J. VILLA,
Petitioner-Appellant,
v.
NANCY MOLINA,
Respondent-Appellee.

No. 33,880

COURT OF APPEALS OF NEW MEXICO

November 24, 2014

APPEAL FROM THE DISTRICT COURT OF LUNA COUNTY, Daniel Viramontes, District Judge

COUNSEL

DeLaney & Hernandez, LLC, Amy C. DeLaney-Hernandez, Deming, NM, for Appellant

Couture Law, Rosalie Fragoso, Albuquerque, NM, for Appellee

JUDGES

LINDA M. VANZI, Judge. WE CONCUR: JAMES J. WECHSLER, Judge, J. MILES HANISEE, Judge

AUTHOR: LINDA M. VANZI

MEMORANDUM OPINION

VANZI, Judge.

{1}       Petitioner appeals from a district court order dismissing his petition for custody of his minor child. We issued a calendar notice proposing to affirm. Respondent filed a memorandum in support; 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. 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.”).

{2}       AFFIRMED.

{3}       IT IS SO ORDERED.

LINDA M. VANZI, Judge

WE CONCUR:

JAMES J. WECHSLER, Judge

J. MILES HANISEE, Judge