Prescott v. Moyer Masonry ( 2010 )

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 Please 2 see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. 3 Please also note that this electronic memorandum opinion may contain computer-generated 4 errors or other deviations from the official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 PATRICIA PRESCOTT, individually 8 and as Personal Representative for the 9 purposes of the Wrongful Death Act of 10 the Estate of DARRELL SHUPE, 11 Plaintiff-Appellant, 12 v. No. 30,310 13 MOYER MASONRY & CONSTRUCTION, 14 INC., a New Mexico corporation, and 15 BRENT MOYER, individually, 16 Defendants-Appellees. 17 APPEAL FROM THE DISTRICT COURT OF GUADALUPE COUNTY 18 Don Maddox, District Judge 19 Fargason, Booth, St. Clair, Richards & Wilkins, LLP 20 Damon Richards 21 Lubbock, TX 22 for Appellant 23 Butt, Thornton & Baehr Law Firm 24 Michael Scott Owen 25 Albuquerque, NM 1 for Appellees 2 MEMORANDUM OPINION 3 SUTIN, Judge. 4 Summary affirmance was proposed for the reasons stated in the notice of 5 proposed summary disposition. No memorandum opposing summary affirmance has 6 been filed and the time for doing so has expired. 7 AFFIRMED. 8 IT IS SO ORDERED. 9 __________________________________ 10 JONATHAN B. SUTIN, Judge 11 WE CONCUR: 12 __________________________________ 13 CYNTHIA A. FRY, Chief Judge 14 __________________________________ 15 MICHAEL D. BUSTAMANTE, Judge 2