September 4, 2019- Rossana Conley v. Deputy Jamar Cotton, No. A-1-CA-37706

OCR transcription for search; preserved printed pages are authoritative

COOn~TNN

10
11

12
13
14
15
16
17
18

19

20

2]

22

23

Court of Appeals of New Mexico
Filed 9/4/2019 8:57 AM

. a
Corrections to this opinion not affecting the outcome. at the Court's discretion, can occur up to the time of ds

Compilation Commission. The Court will ensure that the electronic version of this opinion is updated accordingly in Odyssey.

IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
ROSSANA CONLEY,

Plaintiff-Appellant,

v. No. A-1-CA-37706

DEPUTY JAMAR COTTON, and

THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY
OF DONA ANA,

Defendants-Appellees.

APPEAL FROM THE DISTRICT COURT OF DONA ANA COUNTY
James T. Martin, District Judge

The Pickett Law Firm
Mark L. Pickett

Las Cruces, NM

for Appellant

Holt Mynatt Martinez P.C.
Damian L. Martinez

Las Cruces, NM

for Appellees

MEMORANDUM OPINION
HANISEE, Judge.
{Plaintiff appeals from the district court’s order granting summary judgment in

favor of Defendant and dismissing Plaintiff's complaint with prejudice. We issued a

lark Reynolds

—

2

3

4

5

6

10

11
12

13

16
17

notice of proposed summary disposition, proposing to reverse on grounds that
Plaintiff presented a material factual dispute relative to her claim of abuse of process
under the procedural impropriety theory. Plaintiffhas filed a memorandum in support.
Defendant has not filed any 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.

923 For the reasons set forth in our notice, we reverse the district court’s order of
summary judgment and remand for further proceedings.

{3} IT IS SO ORDERED.

2 Ws

J. MILES HANISEE, Judge

WE CONCUR:

4 ZO

BRIANA H. ZAMORA, Judge)

ZACHARY AVES, Judge