This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
- The case involves a dispute over the primary physical custody of a child between the Petitioner and the Respondent.
Procedural History
- District Court of Doña Ana County: Awarded Petitioner primary physical custody of Child.
Parties' Submissions
- Petitioner-Appellee: Argued in favor of the district court's decision to award him primary physical custody of the child. Filed a memorandum in support of the Court of Appeals' notice of proposed disposition (para 1).
- Respondent-Appellant: Challenged the district court's decision but did not file a memorandum in opposition to the Court of Appeals' notice of proposed disposition within the allotted time frame (para 1).
Legal Issues
- Whether the district court's order awarding primary physical custody of the child to the Petitioner should be affirmed.
Disposition
- The Court of Appeals affirmed the district court’s order awarding primary physical custody of the child to the Petitioner (para 2).
Reasons
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Per VARGAS, J., with BOGARDUS, J., and DUFFY, J., concurring:The decision to affirm the district court's order was based on the Petitioner's memorandum in support of the Court of Appeals' notice of proposed disposition and the Respondent's failure to file a memorandum in opposition within the designated time frame. The Court relied on the reasoning set out in its notice of proposed disposition to make its decision (para 1).
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