September 8, 2020- Lucille Mungia v. Ringing Bells LLC, No. A-1-CA-38580

A-1-CA-38580Nmctapp

Testo completo

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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO	1
LUCILLE MUNGIA,	2
Plaintiff-Appellant,	3
v. 	No. A-1-CA-38580	4
RINGING BELLS LLC,	5
Defendant-Appellee.	6
APPEAL FROM THE DISTRICT COURT OF LEA COUNTY	7
William G.W. Shoobridge, District Judge	8
Lucille Mungia	9
Hobbs, NM	10
Pro Se Appellant	11
Law Offices of Daniel G. Acosta	12
Lynne M. Brooks	13
Las Cruces, NM	14
for Appellee	15
MEMORANDUM OPINION	16
VARGAS, Judge.	17
{1} 	Plaintiff has appealed following the entry of an award of summary judgment	18
in Defendant’s favor. We previously issued a notice of proposed summary disposition	19
Court of Appeals of New Mexico
Filed 9/8/2020 10:54 AM
2
in which we proposed to affirm. Plaintiff has filed a memorandum in opposition. After	1
due consideration, we remain unpersuaded. We therefore affirm.	2
{2} 	As an initial matter we note that, like the docketing statement, the memorandum	3
in opposition fails to identify issues with specificity. However, to the extent that	4
Plaintiff may challenge the propriety of the underlying disposition, we remain	5
unpersuaded that the district court erred. As we previously observed, [CN 2-4]	6
Defendant submitted a well-supported motion for summary judgment, which Plaintiff	7
was obligated to refute in a timely and intelligible fashion. See Rule 1-056(E) NMRA.	8
In light of Plaintiff’s failure to respond to the motion for summary judgment, we	9
perceive no error. See Freeman v. Fairchild, 2018-NMSC-023, ¶ 21, 416 P.3d 264	10
(“[T]he district court may grant summary judgment if the moving party has made a	11
prima facie case of entitlement to summary judgment and the non-moving party has	12
failed to respond despite adequate notice and opportunity to be heard.”); see also Rule	13
1-007.1(D) NMRA (“If a party fails to file a response [to a motion] within the	14
prescribed time period the court may rule with or without a hearing.”).	15
{3} 	In her memorandum in opposition Plaintiff appears to contend that there was	16
some sort of improper communication between opposing counsel, the attorney she	17
previously retained, and/or herself. [MIO 33] However, we fail to see how this could	18
be said to bear upon the propriety of the disposition rendered below. In any event, the	19
3
argument is both incomprehensible and unsupported by citation to illuminating	1
authority of any kind. We therefore decline to consider it further. See Headley v.	2
Morgan Mgmt. Corp., 2005-NMCA-045, ¶ 15, 137 N.M. 339, 110 P.3d 1076	3
(explaining that New Mexico courts “will not review unclear arguments, or guess at	4
what [litigants’] arguments might be”).	5
{4} 	Accordingly, for the reasons stated in the notice of proposed summary	6
disposition and above, we affirm.	7
{5} 	IT IS SO ORDERED.	8
9
JULIE J. VARGAS, Judge	10
WE CONCUR:	11
12
JACQUELINE R. MEDINA, Judge	13
14
BRIANA H. ZAMORA, Judge	15

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