Bank of Colorado v. LL&D
Annotate this Case
Download PDF
1 2 3 4 5 6 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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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 7 BANK OF COLORADO d/b/a 8 PINNACLE BANK f/k/a 9 WESTERN BANK OF GALLUP, 10 Plaintiff-Appellee, 11 v. NO. 30,841 12 LL and D, INC., d/b/a RESPOND 13 NEW MEXICO, 14 Defendant-Appellant. 15 APPEAL FROM THE DISTRICT COURT OF McKINLEY COUNTY 16 Robert A. Aragon, District Judge 17 Mason & Isaacson, P.A. 18 Thomas Lynn Isaacson 19 Gallup, NM 20 for Appellee 21 Everett Law 22 Peter Everett, IV 23 Albuquerque, NM 24 for Appellant 25 26 VIGIL, Judge. MEMORANDUM OPINION 1 Appellant (Defendant) appeals from the district court s order that strikes his 2 answer on the basis that it was untimely filed. [RP 160] Our notice proposed to 3 dismiss for lack of a final order. In addition, our notice proposed to deny Appellee s 4 (Plaintiff) request for attorney fees. 5 Defendant did not respond to our notice. See Frick v. Veazey, 116 N.M. 246, 6 247, 861 P.2d 287, 288 (Ct. App. 1993) (explaining that the failure to file a 7 memorandum in opposition to calendar notice constitutes acceptance of proposed 8 disposition). For reasons set forth in our notice, we dismiss for lack of a final order. 9 While Plaintiff filed a response opposing our proposed denial of its request for 10 attorney fees, we remain unpersuaded by Plaintiff s arguments, and therefore deny its 11 request. 12 IT IS SO ORDERED. 13 14 _______________________________ MICHAEL E. VIGIL, Judge 15 WE CONCUR: 16 _________________________________ 17 CELIA FOY CASTILLO, Chief Judge 2 1 _________________________________ 2 JONATHAN B. SUTIN, Judge 3
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
