Court of Appeals of New Mexico

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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

No. A-1-CA-39219

MISSI MIQUELA CURRIER,

Petitioner-Appellee,

v.

JESSE MCAVOY,

Respondent-Appellant.

APPEAL FROM THE DISTRICT COURT OF EDDY COUNTY
Raymond L. Romero, District Judge

Martin, Dugan & Martin

Lane T. Martin

Carlsbad, NM

for Appellee

Aarons Law PC

Stephen D. Aarons

Santa Fe, NM

for Appellant

MEMORANDUM OPINION

ATTREP, Judge.

{1}       Respondent appeals from a district court order denying his motion to set aside a stipulated order of protection. We issued a calendar notice proposing to affirm. Respondent has filed a memorandum in opposition, which we have duly considered. We affirm.

{2}       Respondent continues to argue that the district court erred in quashing the subpoena of Petitioner’s lawyer and that, prior to approving the stipulation, the district court should have held a hearing to determine whether he knowingly and voluntarily entered into it. [MIO 2, 6] We are unpersuaded that the arguments asserted by Respondent in his memorandum in opposition impact our analysis or our disposition of the case; as such, we affirm for the reasons stated in our notice of proposed disposition. See Hennessy v. Duryea, 1998-NMCA-036, ¶ 24, 124 N.M. 754, 955 P.2d 683 (“Our courts have repeatedly held that, in summary calendar cases, the burden is on the party opposing the proposed disposition to clearly point out errors in fact or law.”).

{3}       IT IS SO ORDERED.

JENNIFER L. ATTREP, Judge

WE CONCUR:

KRISTINA BOGARDUS, Judge

ZACHARY A. IVES, Judge