State ex rel. Children v. Geraldo G. (In re Isaiah G.), A-1-CA-40537

CitationA-1-CA-40537
Case DateNovember 21, 2022
CourtCourt of Appeals of New Mexico

STATE OF NEW MEXICO ex rel. CHILDREN, YOUTH & FAMILIES DEPARTMENT, Petitioner-Appellee,
v.

GERALDO G., Respondent-Appellant,

and JASMINE T., Respondent, IN THE MATTER OF ISAIAH G., OLIVIA G., and NOAH T., Children.

No. A-1-CA-40537

Court of Appeals of New Mexico

November 21, 2022


UNPUBLISHED OPINION

APPEAL FROM THE DISTRICT COURT OF LEA COUNTY Lee A. Kirksey, District Judge

Children, Youth & Families Department Mary E. McQueeny, Chief Children's Court Attorney Santa Fe, NM Kelly P. O'Neill, Assistant Children's Court Attorney Albuquerque, NM for Appellee

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Cravens Law LLC Richard H. Cravens, IV Albuquerque, NM for Appellant

Laura K. Castillo Hobbs, NM Guardian Ad Litem

MEMORANDUM OPINION

ZACHARY A. IVES, JUDGE

{¶1} Respondent Geraldo G. (Father) appeals from the district court's judgment terminating his parental rights. [3 RP 728-56] In this Court's notice of proposed disposition, we proposed summary affirmance. [CN 9] Father filed a memorandum in opposition, which we have duly considered. Remaining unpersuaded, we affirm.

{¶2} In his memorandum in opposition, Father repeats the presentation of the issues and facts asserted and argued in Father's docketing statement. [MIO 7-9] Father has not asserted any facts, law, or argument that persuade this Court that our notice of proposed disposition was erroneous. See Hennessy v. Duryea, 1998-NMCA-036, ¶ 24, 124 N.M. 754, 955 P.2d 683 ("Our courts have repeatedly held that, in summary calendar cases, the burden is on the party opposing the proposed disposition to clearly point out errors in fact or law."); State v. Mondragon, 1988-NMCA-027, ¶ 10, 107 N.M. 421, 759 P.2d 1003 (stating that a party responding to a summary calendar notice must come forward and specifically point out errors of

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law and fact, and the repetition of earlier arguments does not fulfill this requirement), superseded by statute on other grounds as stated in State v. Harris, 2013-NMCA-031, ¶ 3, 297 P.3d 374.

{¶3} Accordingly, for the reasons stated in our notice of proposed disposition and herein, we affirm the termination of Father's parental rights.

{¶4} IT IS SO ORDERED.

WE CONCUR: JACQUELINE R. MEDINA, Judge JANE B. YOHALEM, Judge

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