AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• Petitioner-Appellant Nickie Saunders sought to be appointed as the kinship guardian for Donovan H. (Child). The district court denied her petition. Subsequently, the Child's mother withdrew her consent for Saunders to be appointed as the guardian, although this information was not considered by the Court of Appeals as it was not presented at the district court level (para 1).

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Petitioner-Appellant (Nickie Saunders): Sought to be appointed as the kinship guardian for Donovan H. (Child).
• Respondents-Appellees (Kaitlynn Rodriguez and Robert Garcia): [Not applicable or not found]

Legal Issues

• Whether the district court's decision to deny the petition for Nickie Saunders to be appointed as the kinship guardian for Donovan H. should be affirmed.

Disposition

• The district court's decision to deny Nickie Saunders' petition to be appointed as the kinship guardian for Donovan H. was affirmed (para 2).

Reasons

• Per Michael E. Vigil, Chief Judge (Michael D. Bustamante, Judge, and Jonathan B. Sutin, Judge, concurring): The Court of Appeals decided to affirm the district court's decision based on the reasons articulated in the Court's notice of proposed disposition. The appellate court did not consider the withdrawal of consent by the Child's mother for Saunders to be appointed as guardian because this information was not presented at the district court level. Additionally, Saunders did not file a memorandum opposing the Court's notice of proposed disposition, and the time for doing so had passed, which under the Court's rules, constitutes acceptance of the proposed disposition (para 1).