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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 1 CITY OF RUIDOSO DOWNS, 2 Plaintiff-Appellee, 3

v. NO. A-1-CA-36650 4 JOHN KIMBRELL a/k/a 5 JUAN KIMBRELL, 6 Defendant-Appellant. 7 APPEAL FROM THE DISTRICT COURT OF LINCOLN COUNTY 8 Daniel A. Bryant, District Judge 9 Alexandra J. Bobbit 10 Ruidoso, NM 11 for Appellee 12 John G. Kimbrell 13 Ruidoso Downs, NM 14 Pro Se Appellant 15 MEMORANDUM OPINION 16 VIGIL, Judge. 17 {1} Defendant John Kimbrell a/k/a Juan Kimbrell (“Defendant”) appeals from 182 orders of the district court, dismissing two separate cases for lack of final orders from 1 the municipal court. [36650 RP 61-62; 36652 RP 34-35] Unpers uaded by Defendant’s 2 docketing statement, we entered a notice of proposed summary disposition, proposing 3 to affirm. Defendant has filed a memorandum in opposition (MIO) to our notice. We 4 remain unpersuaded and therefore affirm. 5 {2} In his docketing statements, Defendant raised numerous issues, all of which 6 appear to stem from the district court’ s decision to dismiss his cases. Our notice, 7 which proposed summary affirmance, set forth the relevant facts and the law that we 8 believed controlled. In response, Defendant set forth three issues, challenging our 9 proposed disposition. First, he contends that this Court has failed to examine the 10 record properly. [MIO 1] S econd, he contends that “[c]onsolidation of cases can not 11 be done by the Appellate C ourts.” [MIO unnumbered 2] Lastly, he contends that 12 contrary to what this Court set out in the proposed dispostion, he did, in fact file a 13 notice of appeal. [MIO 4] Our understandi ng of these issues, does not change the 14 outcome of this case. Nonetheless, we address each issue in turn. 15 {3} First, Defendant claims that this Court failed to examine the record properly 16 with respect to the district court’s holding of a trial instead of a hearing, which he 17 claims was illegal. [MIO 1-unnumbered 2] This contention, however, does nothing to 18 address how the district court erred in ru ling that there are no final orders from the 193 municipal court. Accordingly, Defendant failed to demonstrate error in the district 1 court’s ruling. See Hennessy v. Duryea , 1998-NMCA-036, ¶ 24, 124 N.M. 754, 955 2 P.2d 683 (“Our courts have repeatedly held that, in summary calendar cases, the 3 burden is on the party opposing the proposed disposition to clearly point out errors in 4 fact or law.”) As we explained in our proposed disposition, we presume that the 5 district court’s ruling regarding finality was correct. See Farmers, Inc. v. Dal Mach. 6 & Fabricating, Inc. , 1990-NMSC-100, ¶ 8, 111 N.M . 6, 800 P.2d 1063 (“The 7 presumption upon review favors the correctne ss of the trial court’s actions. Appellant 8 must affirmatively demonstrate its assertion of error.”). 9 {4} Second, Defendant contends that this Court violated rules of procedure by 10 consolidating No. A-1-CA-36650 with No. A-1-CA-36652. [MIO unnumbered 2-4] 11 Again, this does not explain howthe district court erred. Id. Additionally, we direct 12 Defendant’s attention to Rule 12-317(B) NM RA of our Rules of Appellate Procedure, 13 which gives this court authority to sua sponte consolidate cases on appeal. Id. (“The 14 appellate court may consolid ate appeals on its own motion or on motion of a party.”). 15 {5} Lastly, Defendant contends that he did, in fact, file a notice of appeal. [MIO 4- 16 5] Again, this does not explain how the di strict court erred, which is Defendant’s 17 burden on appeal. See Hennessy , 1998-NMCA-036, ¶ 24 (“Our courts have repeatedly 18 held that, in summary calendar cases, th e burden is on the party opposing the proposed 194 disposition to clearly point out errors in f act or law.”) We do note that Defendant filed 1 pleadings in the district court on September 12, 2017, both titled “Case Information 2 Sheet ” in case numbers D-1226-LR-2017-00015 and D-1226-LR-2017-00014. 3 [36650 RP 139-41; 36652 RP 36-41] These, however, are not notices of appeal. 4 Notably, these pleadings, which are forms, specifically ask whether a notice of appeal 5 has been filed. [Id.] In response to thatquestion Defendant replied, “Yes,” and he 6 listed the date of f iling for the notices of appeal as August 24, 2017. [Id.] As an 7 exhibit, Defendant attached the notice of appeal filed from municipal court to district 8 court—not from district court to this C ourt. [36650 RP 141] Therefore, we conclude 9 that Defendant did not file notices of appeal as required pursuant to Rule 12-202 10 NMRA. Regardless, as we explained in our proposed disposition, we construed 11 Defendant’s timely non-conforming documents as notices of appeal and proceeded to 12 examine the merits of this appeal. See Wakeland v. N.M. Dep’t of Workforce 13 Solutions , 2012-NMCA-021, ¶ 7, 274 P.3d 766. 14 {6} In sum, Defendant’s MIO does not suppl y any new legal or factual argument 15 that persuades us that our analysis or proposed disposition was incorrect. See State v. 16 Mondragon , 1988-NMCA-027, ¶ 10, 107 N.M. 421, 759 P.2d 1003 (stating that “[a] 17 party responding to a summary calendar notice must come forward and specifically 18 point out errors of law and fact[,]” and the repetition of earlier arguments does not 195 fulfill this requirement), superseded by statute on other grounds as stated in State v. 1 Harris , 2013-NMCA-031, ¶ 3, 297 P.3d 374. Accordingly, for the reasons set forth 2 in our notice of proposed disposition and in this opinion, we affirm. 3 {7} IT IS SO ORDERED. 4

__________________________________ 5 MICHAEL E. VIGIL, Judge 6 WE CONCUR: 7

___________________________ 8 STEPHEN G. FRENCH, Judge 9

___________________________ 10 EMIL J. KIEHNE, Judge 11