Preview:

This memorandum opinion was not selected for publication in the New Mexico 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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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 JULIE SAKURA, as Personal Representative 3 of the Estate of SERGIO RAUL MONTANO4 MORENO, and GLORIA MORENO, 5 6 v. 7 8 9 10 11 12 and 13 McELVAIN OIL & GAS PROPERTIES, INC., 14 Defendant-Appellant. CHESAPEAKE OPERATING, INC., UNITED DRILLING, INC., DIXIE ELECTRIC, INC., SWEATT CONSTRUCTION, INC., and JAMES BAUCOM, Defendants-Appellees, Plaintiffs-Appellees, No. 31,804

15 APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY 16 Barbara Vigil, District Judge 17 Sommerman & Quesada, LLP 18 George (Tex) Quesada 19 Dallas, TX 20 Fadduol, Cliff & Hardy, P.C. 21 Sam Fadduol

1 Richard Hardy 2 Lubbock, TX 3 for Appellees 4 5 6 7 Miller Stratvert PA Timothy R. Briggs Thomas R. Mack Albuquerque, NM

8 for Appellants United Drilling, Inc. 9 McCormick, Caraway & Tabor, LLP 10 Matthew T. Byers 11 Carlsbad, NM 12 for Appellants McElvain Oil & Gas

13 14 BUSTAMANTE, Judge. 15

MEMORANDUM OPINION

McElvain Oil & Gas Properties, Inc. (McElvain) seeks to appeal from an order

16 granting co-Defendant United Drilling, Inc.'s (United's) motion for summary 17 judgment, together with a stipulated order dismissing all of Plaintiffs' claims against 18 United. We filed a notice of proposed summary disposition on February 13, 2012, 19 proposing to dismiss for want of a final, appealable order. On March 1, 2012, 20 memoranda in support were filed by United and Plaintiffs. No memorandum in 21 opposition has been filed, and the time for doing so has passed.

2

1

Accordingly, for the reasons set forth in the notice of proposed summary

2 disposition, this appeal is dismissed. 3 IT IS SO ORDERED.

4 5 6 WE CONCUR:

MICHAEL D. BUSTAMANTE, Judge

7 8 JAMES J. WECHSLER, Judge

9 10 CYNTHIA A. FRY, Judge

3



Download CA31804.pdf

New Mexico Law