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-39682

BARBARA B. SHARP,

Petitioner-Appellee,

v.

LYNN S. SHARP,

Respondent-Appellant.

APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY
Jane C. Levy, District Judge

Walther Family Law PC

Gretchen Mary Walther

Santa Fe, NM

for Appellee

Michael Danoff

Albuquerque, NM

for Appellant

MEMORANDUM OPINION

BOGARDUS, Judge.

{1}       Respondent appeals seeking reversal of the district court’s order of attorney fees. [CN 1] In our notice of proposed disposition, we proposed to summarily affirm the district court. [CN 3] Petitioner filed a memorandum in support, which agreed with our proposed affirmance. Respondent, however, failed to file a memorandum in opposition to our proposed disposition. Accordingly, for the reasons stated herein and in our notice of proposed disposition, we affirm. 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.”); State v. Johnson, 1988-NMCA-029, ¶ 8, 107 N.M. 356, 758 P.2d 306 (explaining that when a case is decided on the summary calendar, an issue is deemed abandoned when a party fails to respond to the proposed disposition of that issue).

{2}       IT IS SO ORDERED.

KRISTINA BOGARDUS, Judge

WE CONCUR:

JENNIFER L. ATTREP, Judge

JACQUELINE R. MEDINA, Judge