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eBook details

• Title: Lenz v. Chalamidas
• Author : New Mexico Supreme Court
• Release Date : January 03, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

This appeal calls on us to consider once again the trial courts award of attorney fees pursuant to NMSA 1978, Section 48-2-14 (Repl. Pamp. 1987). The original action underlying this appeal was for foreclosure on a residence pursuant to a materialmens lien. The plaintiff, contractor Lenz, prevailed and was awarded damages of $13,364.82 and attorney fees in the amount of $26,268.03. We considered that initial award of attorney fees in Lenz v. Chalamidas, 109 N.M. 113, 782 P.2d 85 (1989) (Lenz I), and found it necessary to remand for a new trial on attorney fees in light of the trial courts failure to make findings of fact and conclusions of law regarding fees. Id. at 119, 782 P.2d at 91. We now consider the result of the remand proceedings in which the trial court reduced the original fee award to $15,116.00; awarded $1,000.00 for fees incurred following the jury verdict for services related to foreclosure, setting an appeal bond, and prior attorney fee hearings; and awarded an additional $1,500.00 for the remand proceedings, for a total award of $17,616.00. We reverse.

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