Gardner v. Rivera

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This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. 1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 2 WILLIAM GARDNER, 3 Plaintiff/Counterdefendant-Appellee, 4 v. NO. 35,612 5 ERIC RIVERA d/b/a SOUTHWEST METAL DESIGN, 6 Defendant/Counterclaimant-Appellant, 7 and 8 ERIC RIVERA d/b/a SOUTHWEST METAL DIVISION, 9 Third-party Plaintiff/Counterdefendant-Appellant, 10 v. 11 KATHRYN GARDNER, 12 Third-party Defendant/Counterclaimant-Appellee. 13 APPEAL FROM THE DISTRICT COURT OF SANDOVAL COUNTY 14 John F. Davis, District Judge 15 Crowley & Gribble PC 16 Clayton E. Crowley 17 Albuquerque, NM. 18 for Appellees 1 David M. Houliston 2 Albuquerque, NM. 3 for Appellant 4 MEMORANDUM OPINION 5 VIGIL, Chief Judge. 6 {1} Summary dismissal was proposed for the reasons stated in the notice of 7 proposed summary disposition. No memorandum opposing summary dismissal has 8 been filed and the time for doing so has expired. 9 {2} DISMISSED. 10 {3} IT IS SO ORDERED. 11 12 _______________________________ MICHAEL E. VIGIL, Chief Judge 13 WE CONCUR: 14 _________________________________ 15 JONATHAN B. SUTIN, Judge 16 _________________________________ 17 STEPHEN G. FRENCH, Judge 2

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