Community 1st Bank Las Vegas v. Quick Care, LLC

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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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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 COMMUNITY 1st BANK LAS VEGAS, 3 Plaintiff-Appellee, 4 v. No. 35,090 5 QUICK CARE, LLC, a New Mexico 6 limited liability company, and 7 ALFONSO ARCHULETA, 8 Defendants-Appellants. 9 APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY 10 Manuel I Arrieta, District Judge 11 Moses, Dunn, Farmer & Tuthill, P.C. 12 Nathan C. Sprague 13 Albuquerque, NM 14 for Appellee 15 Alfonso Archuleta 16 Las Cruces, NM 17 Pro Se Appellant 18 19 SUTIN, Judge. MEMORANDUM OPINION 1 {1} Defendant Alfonso Archuleta appeals, pro se, from a district court order 2 denying a motion to set aside a judgment pursuant to Rule 1-060(B) NMRA. We 3 issued a calendar notice proposing to affirm. Defendant has responded with a pro se 4 memorandum in opposition. We affirm. 5 {2} As we previously observed, Defendant’s notice of appeal indicates that he is 6 appealing from two orders. [RP 719] The first order is a January 30, 2014, order that 7 included the denial of his motion to intervene. [RP 461, 722] We note that the ruling 8 was based on the fact that Defendant Archuleta was already a party in the case. [RP 9 461 (¶ 1)] In any event, the matter became moot when Defendant entered into a 10 subsequent settlement and a stipulated order of dismissal with prejudice in August 11 2014. [RP 613] 12 {3} The second order listed on the notice of appeal [RP 719] is a September 22, 13 2015, order that denied Defendant Archuleta’s motion to set aside the original 14 judgment. [RP 700] The Rule 1-060(B) motion argued that the judgment should be set 15 aside as applied to Defendant Quick Care, LLC. [RP 617] Our calendar notice 16 proposed to hold that the district court properly denied the motion on the ground that 17 Defendant Archuleta could not represent Defendant Quick Care. See LR3-202(B) 18 NMRA (prohibiting pro se parties from representing corporations); see also NMSA 19 1978, § 36-2-27 (1999) (prohibiting the unauthorized practice of law). Because 2 1 Defendant Archuleta’s memorandum in opposition continues to attempt to advocate 2 on behalf on Defendant Quick Care, we conclude that he has not established any error 3 below. 4 {4} For the reasons set forth in this Opinion, we affirm. 5 {5} IT IS SO ORDERED 6 7 __________________________________ JONATHAN B. SUTIN, Judge 8 WE CONCUR: 9 _________________________________ 10 MICHAEL D. BUSTAMANTE, Judge 11 _________________________________ 12 STEPHEN G. FRENCH, Judge 3

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