Court of Appeals of New Mexico
Decision Information
Rule Set 12 - Rules of Appellate Procedure - cited by 9,410 documents
Decision Content
This decision of the New Mexico Court of Appeals was not selected for publication in the New Mexico Appellate Reports. Refer to Rule 12-405 NMRA for restrictions on the citation of unpublished decisions. Electronic decisions may contain computer-generated errors or other deviations from the official version filed by the Court of Appeals.
IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
No. A-1-CA-39787
SARAH SHUTES,
Petitioner-Appellee,
v.
GABRIEL AVILUCEA,
Respondent-Appellant.
APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY
Debra Ramirez, District Judge
Sarah Shutes
Albuquerque, NM
Pro Se Appellee
Cristina A. Mulcahy
Santa Fe, NM
for Appellant
MEMORANDUM OPINION
ATTREP, Judge.
{1} Respondent appeals the district court’s issuance of an order of protection to Petitioner. We issued a notice of proposed summary disposition proposing to reverse and remand. Respondent filed a memorandum in support of our proposed summary affirmance, which we have duly considered. Petitioner did not file a memorandum in opposition to our proposed disposition, and the time for doing so has now run.
{2} For the reasons outlined in our notice of proposed disposition, and in the absence of opposition from either party, we conclude that the evidence was insufficient to support the issuance of a protective order. Accordingly, we reverse and remand.
{3} IT IS SO ORDERED.
JENNIFER L. ATTREP, Judge
WE CONCUR:
KRISTINA BOGARDUS, Judge
JANE B. YOHALEM, Judge