This memorandum opinion was not selected for pub lication in the New Mexico Appellate 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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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. IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 1 ELISA SANCHEZ , 2 Plaintiff-Appellant, 3

v. No. 35,300 4 NICHOLAS TORRES and 5 YOUNG AMERICA INSURANCE COMPANY 6 Defendants-Appellees. 7 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY 8 Denise Barela Shepherd, District Judge 9 Chavez Law Offices 10 Gene N. Chavez 11 Albuquerque, NM 12 for Appellant 13 O’Brien & Padilla PC 14 Richard M. Padilla 15 Albuquerque, NM 16 for Appellees 17

MEMORANDUM OPINION 18 VIGIL, Chief Judge. 19{1} Plaintiff appeals from the district court’ s order of dismissal with prejudice, and 1 the district court’s subsequent denial of her motion to reconsider. This Court issued 2 a calendar notice proposing to summarily dismiss Plaintiff’s appeal on the basis of 3 mootness, and in the alternative, we proposed summary affirmance. Plaintiff filed a 4 memorandum in opposition to this Court’s notice of proposed disposition, which we 5 have duly considered. Unpersuaded, we dismiss. 6 {2} Plaintiff raises a single issue on appeal, essentially contending that the district 7 court erred in entering an order of dismissal with prejudice instead of entering 8 judgment against Defendant Nicholas Torres (Torres) following his acceptance of 9 Plaintiff’s offer of settlement, made pursu ant to Rule 1-068 NMRA. [DS 3-5; MIO 1] 10 {3} In our calendar notice, we expressed our view that, in light of the fact that 11 Defendant Torres tendered the agreed-upon settlement of $14,500.17 to Plaintiff prior 12 to the entry of judgment, the issue on app eal appeared to be based solely upon the 13 form of judgment entered by the district court. [CN 2] That is, Plaintiff contends that 14 the district court should haveentered judgment against Torres, instead of entering a 15 dismissal with prejudice. [CN 2; MIO 1] However, because it did not appear that the 16 order of dismissal had any effect on the amount of money Plaintiff received in 17 settlement of this case, we suggested that we failed to see how Pl aintiff was aggrieved 18 by the form of judgment. Therefore, we s uggested that this appeal is moot, as it 192 appears that Plaintiff can obtain no actual relief on appeal. [CN 2] See Gunaji v. 1 Macias , 2001-NMSC-028, ¶ 9, 130 N.M. 734, 31 P. 3d 1008 (stating that an appeal is 2 moot when no actual controversy exists and an appellate ruling will not grant any 3 relief); see also State v. Ordunez , 2012-NMSC-024, ¶ 22, 283 P.3d 282 (“It is not 4 within the province of an appellate court to decide abstract, hypothetical or moot 5 questions in cases wherein no actual relief can be afforded.” (alteration, internal 6 quotation marks, and citation omitted)). 7 {4} In her memorandum in opposition, Plaintiff contends that her appeal is not moot 8 because the form of judgment is “cruci al” to her claim ag ainst Defendant Young 9 America Insurance Company for unfair practices, pursuant to Hovet v. Allstate 10 Insurance Co. , 2004-NMSC-010, 135 N.M. 397, 89 P. 3d 69. [MIO 1] We are not 11 convinced, however, that the form of judgment has bearing on Plaintiff’s Hovet claim 12 such that she is aggrieved in this case by the district court’s decision to enter a 13 dismissal with prejudice instead of entering judgment against Torres. 14 {5} In Hovet, our Supreme Court stated that “[ t]hose electing to settle their claims 15 without a judicial determination of liab ility waive any claims under the Insurance 16 Code for unfair settlement practices.” Hovet, 2004-NMSC-010, ¶ 26. In King v. 17 Allstate Ins. Co. , 2007-NMCA-044, ¶ 17, 141 N.M. 612, 159 P.3d 261, this Court 183 recognized “there is a big difference betw een a compromised settlement and a judicial 1 determination of liability” and that “[s] ettling a case does not necessarily involve 2 establishment of liability that carries th e weight of a judicial determination.” 3 {6} Aside from the citation to Hovet and her bare contention that an entry of 4 judgment “is an admission of liability” [MIO 1, 3], Plaintiff’s memorandum in 5 opposition provides us with no authority to support her position that a judgment 6 entered against a party pursuant to a Rule 1-068 offer of settlement is—without 7 more—akin to a judicial determination of liability or otherwise satisfies the 8 requirements for a Hovet claim. Where a party cites no authority to support an 9 argument, we may assume no such authority exists. In re Adoption of Doe , 1984- 10 NMSC-024, ¶ 2, 100 N.M. 764, 676 P.2d 1329. Thus, we remain unconvinced that 11 Plaintiff is aggrieved by the form of judgment entered in this case. See Hennessy v. 12 Duryea , 1998-NMCA-036, ¶ 24, 124 N.M. 754, 955 P.2d 683 (“Our courts have 13 repeatedly held that, in summary calendar cases, the burden is on the party opposing 14 the proposed disposition to clearly point out errors in fact or law.”). 15 {7} Therefore, for the reasons stated in this Opinion, as well as those provided in 16 our calendar notice, we dismiss. 17

{8} IT IS SO ORDERED. 184 ______________________________ 1 MICHAEL E. VIGIL, Chief Judge 2

WE CONCUR: 3

___________________________________ 4 JAMES J. WECHSLER, Judge 5

___________________________________ 6 STEPHEN G. FRENCH, Judge 7