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-41058

STATE OF NEW MEXICO ex rel.

CHILDREN, YOUTH & FAMILIES

DEPARTMENT,

Petitioner-Appellee,

v.

MONTES S.,

Respondent-Appellant,

and

ROSAMARIA R.,

Respondent,

IN THE MATTER OF MEEKLO C.S. a/k/a

MEEKLO C.R., and MONTES S., JR.,

Children.

APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY
Shannon Broderick Bulman, District Court Judge

Children, Youth & Families Department

Mary E. McQueeney, Chief Children’s Court Attorney

Santa Fe, NM

Kelly P. O’Neill, Assistant Children’s Court Attorney

Albuquerque, NM

for Appellee

Cravens Law LLC

Richard H. Cravens, IV

Albuquerque, NM

for Appellant

Ernest O. Pacheco

Santa Fe, NM

Guardian Ad Litem

MEMORANDUM OPINION

MEDINA, Judge.

{1}       Respondent Montes S. (Father) appeals from the district court’s termination of his parental rights to Children. This Court issued a calendar notice proposing to summarily affirm. Father filed a memorandum in opposition, which we have duly considered. Unpersuaded, we affirm.

{2}       Our notice of proposed disposition proposed to affirm based on our proposal that sufficient evidence supported the termination of Father’s parental rights. [CN 6] In his memorandum in opposition, Father continues to maintain, based on the same facts—as stated in the docketing statement, recited in the district court’s judgment, and referenced in our calendar notice—that the evidence is insufficient to support the termination. [MIO PDF 3-4, 7] See State v. Mondragon, 1988-NMCA-027, ¶ 10, 107 N.M. 421, 759 P.2d 1003 (stating that “[a] party responding to a summary calendar notice must come forward and specifically point out errors of law and fact,” and the repetition of earlier arguments does not fulfill this requirement), superseded by statute on other grounds as stated in State v. Harris, 2013-NMCA-031, ¶ 3, 297 P.3d 374. The arguments contained in Father’s memorandum in opposition do not persuade us that this Court’s proposed summary disposition was in error and do not otherwise impact our analysis or our disposition of this 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.

JACQUELINE R. MEDINA, Judge

WE CONCUR:

KRISTINA BOGARDUS, Judge

JANE B. YOHALEM, Judge