Janecka v. Janecka
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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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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 GERALD WYNN JANECKA, 3 Petitioner-Appellee, 4 v. NO. 33,822 5 ELIZABETH LOUISE JANECKA, 6 Respondent-Appellant. 7 APPEAL FROM THE DISTRICT COURT OF SANDOVAL COUNTY 8 John F. Davis, District Judge 9 Law Office of Clifton L. Davidson, LLC 10 Clifton L. Davidson 11 Albuquerque, NM 12 for Appellee 13 L. Helen Bennett 14 Albuquerque, NM 15 for Appellant 16 17 WECHSLER, Judge. MEMORANDUM OPINION 1 {1} Respondent appeals from the district court’s order denying her Rule 1-060 2 NMRA motion for relief from judgment. On March 2, 2015, this Court issued a 3 calendar notice proposing to affirm. Petitioner filed a memorandum in support of this 4 Court’s notice of proposed disposition. Respondent has not filed a memorandum in 5 opposition to this Court’s notice, and the time for doing so has now passed. “Failure 6 to file a memorandum in opposition constitutes acceptance of the disposition proposed 7 in the calendar notice.” Frick v. Veazey, 1993-NMCA-119, ¶ 2, 116 N.M. 246, 861 8 P.2d 287. This Court therefore affirms the district court’s order for the reasons 9 provided in this Court’s notice of proposed disposition. 10 {2} IT IS SO ORDERED. 11 12 ________________________________ JAMES J. WECHSLER, Judge 13 WE CONCUR: 14 ________________________________ 15 JONATHAN B. SUTIN, Judge 16 ________________________________ 17 TIMOTHY L. GARCIA, Judge 2
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