Conley v. Cotton

HANISEE, Judge.

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 Refer to Rule 12-405 NMRA for restrictions on the citation of unpublished decisions.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.

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

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.

J. MILES HANISEE, Judge

BRIANA H. ZAMORA, Judge

ZACHARY A. IVES, Judge