HANISEE, Judge.
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APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY
James T. Martin, District Judge
The Pickett Law Firm
Mark L. Pickett
Las Cruces, NM
for Appellant
Holt Mynatt Martinez P.C.
Damian L. Martinez
Las Cruces, NM
for Appellees
MEMORANDUM OPINION
HANISEE, Judge.
{1} Plaintiff appeals from the district court's order granting summary judgment in favor of Defendant and dismissing Plaintiff's complaint with prejudice. We issued a notice of proposed summary disposition, proposing to reverse on grounds that Plaintiff presented a material factual dispute relative to her claim of abuse of process under the
procedural impropriety theory. Plaintiff has filed a memorandum in support. Defendant has not filed any response to our notice, and the time for doing so has expired. "Failure to file a memorandum in opposition constitutes acceptance of the disposition proposed in the calendar notice" Frick v. Veazey, 1993-NMCA-119, ¶ 2, 116 N.M. 246, 861 P.2d 287.
{2} For the reasons set forth in our notice, we reverse the district court's order of summary judgment and remand for further proceedings.
{3} IT IS SO ORDERED.
J. MILES HANISEE, Judge
WE CONCUR:
BRIANA H. ZAMORA, Judge
ZACHARY A. IVES, Judge