City of Gallup v. Hart (Unpublished Opinion)
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This decision of the New Mexico Court of Appeals was not selected for publication in the New Mexico Appellate Reports. Refer to Rule 12-405 NMRA for restrictions on the citation of unpublished decisions. Electronic decisions may contain computergenerated errors or other deviations from the official version filed by the Court of Appeals. IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO No. A-1-CA-38609 CITY OF GALLUP, New Mexico, a municipal corporation, Plaintiff/Counterdefendant-Appellee, v. PHILLIP HART, Defendant/Counterplaintiff-Appellant. APPEAL FROM THE DISTRICT COURT OF MCKINLEY COUNTY Robert A. Aragon, District Judge Stelzner, Winter, Warburton, Flores & Dawes, P.A. Juan L. Flores Jaime L. Dawes Albuquerque, NM for Appellee Johanna C. Cox Albuquerque, NM for Appellant MEMORANDUM OPINION HANISEE, Chief Judge. {1} Defendant appeals from the district court’s final judgment granting Plaintiff’s motions for summary judgment on Defendant’s counterclaims for harassment, retaliation, and defamation. We issued a notice of proposed summary disposition, proposing to affirm. Plaintiff filed a memorandum in support of our notice. Defendant, however, has not filed a response to our notice, and the time for doing so has expired. “Failure to file a memorandum in opposition constitutes acceptance of the disposition proposed in the calendar notice.” Frick v. Veazey, 1993-NMCA-119, ¶ 2, 116 N.M. 246, 861 P.2d 287. Accordingly, for the reasons set forth in our notice, we affirm. {2} IT IS SO ORDERED. J. MILES HANISEE, Chief Judge WE CONCUR: JENNIFER L. ATTREP, Judge BRIANA H. ZAMORA, Judge
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