1 This memorandum opinion was not selected for publication in the New Mexico Reports. Please
2 see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.
3 Please also note that this electronic memorandum opinion may contain computer-generated
4 errors or other deviations from the official paper version filed by the Court of Appeals and does
5 not include the filing date.
6 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 MEMORANDUM OPINION
26 VIGIL, Judge.
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