Legal Opinion
Sunwest Bank of Roswell, N.A. v. Miller's Performance Warehouse, Inc.
New Mexico Supreme Court
Decided September 4, 1991No. 19735PublishedCited by 7 opinions
1Opinion of the Court
OPINION
FRANCHINI, Justice.
We granted certiorari to consider the following two issues: (1) Whether an attorney’s charging lien attaches to a judgment in favor of the attorney’s client when there is no actual pecuniary recovery; and (2) whether an attorney’s charging lien takes priority over a set-off of judgments awarded the attorney’s client and an adverse party. We hold that the trial court first must find that a valid contract existed between the attorney asserting the lien and his client, and that the agreement provided for a lien to attach to the client’s award. If it does so find, then…
2Cases cited16 opinions
- Beecher v. Peter A. Vogt Manufacturing Co.New York Court of Appeals · 1920
- Vickers v. North American Land Developments, Inc.New Mexico Supreme Court · 1980
- Wright v. EllisonSupreme Court of the United States · 1864
- Hanna Paint Manufacturing Company, D/B/A Hanna Paint Mfg. Co. Of Texas, as Intervener v. Rodey, Dickason, Sloan, Akin & RobbCourt of Appeals for the Tenth Circuit · 1962
- Prichard v. FulmerNew Mexico Supreme Court · 1916
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3Cited by7 opinions
- Valley Disposal Inc., Palisades Landfill and Recycling Corporation and Robert C. Dowdell, Jr. v. Central Vermont Solid Waste Management DistrictCourt of Appeals for the Second Circuit · 1997
- Washington v. Atchison, Topeka & Santa Fe Railway Co.New Mexico Court of Appeals · 1992
- Rhodes v. MartinezNew Mexico Court of Appeals · 1996
- In the Matter of Estate of RoybalNew Mexico Court of Appeals · 2008
- In Re Jim-O-Lette, Inc.United States Bankruptcy Court, N.D. Texas · 1992
2 more not listed; retrieve them via the Exa API.