Blechle v. Vincent
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1 2 3 4 5 6 7 8 9 10 11 This memorandum opinion was not selected for publication in the New Mexico 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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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. IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO CHARLES BLECHLE, SALLY BLECHLE, CHERYL KURK, PEGGY CHESTER, JOSEPH D. ALBILLAR, and JOHN D. MOSES, 12 Plaintiffs-Appellees, 13 v. NO. 30,572 14 SANGRE ROSE, LLC, 15 JIM VINCENT, and 16 PATRICIA VINCENT, 17 Defendants-Appellants. 18 APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY 19 Raymond Z. Ortiz, District Judge 20 Scheuer, Yost & Patterson 21 Kristofer C. Knutson 22 Santa Fe, NM 23 for Appellees 24 Sangre Rose, LLC 25 Jim and Patricia Vincent 26 Santa Fe, NM 27 Pro Se Appellants 1 MEMORANDUM OPINION 2 KENNEDY, Judge. 3 Appellants (Defendants) appeal from the district court s order granting motion 4 to enforce settlement agreement. [RP 311] Our notice proposed to affirm. 5 Defendants did not file a memorandum in opposition. See Frick v. Veazey, 116 N.M. 6 246, 247, 861 P.2d 287, 288 (Ct. App. 1993) (recognizing that the failure to file a 7 memorandum in opposition to a calendar notice constitutes acceptance of a proposed 8 disposition). Appellees (Plaintiffs) filed an untimely memorandum supporting our 9 proposed affirmance. For reasons set forth in the notice, we affirm. 10 IT IS SO ORDERED. 11 12 ___________________________________ RODERICK T. KENNEDY, Judge 13 WE CONCUR: 14 ___________________________ 15 MICHAEL E. VIGIL, Judge 16 ___________________________ 17 LINDA M. VANZI, Judge 2
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