Legal Opinion
Kelly Inn No. 102, Inc. v. Kapnison
New Mexico Supreme Court
Decided January 7, 1992No. 19021, 19443PublishedCited by 152 opinions
1Opinion of the Court
OPINION
MONTGOMERY, Justice.
In this case we attempt to clarify the sometimes confusing state of the law surrounding the finality of judgments. The specific issue is whether a judgment declaring the rights and liabilities of the parties and awarding attorney’s fees, but reserving for future determination the amount of the fees, is final, despite the parties and the court’s recognition of the necessity for future proceedings to fix the amount of the award. We hold that it is.
This case also presents issues closely related to the finality issue: whether the trial court had jurisdiction to fix the…
2Cases cited59 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Budinich v. Becton Dickinson & Co.Supreme Court of the United States · 1988
- Gillespie v. United States Steel Corp.Supreme Court of the United States · 1964
- Forgay v. ConradSupreme Court of the United States · 1848
- John S. Terket v. Harold LundCourt of Appeals for the Seventh Circuit · 1980
54 more not listed; retrieve them via the Exa API.
3Cited by152 opinions
- State v. RiveraNew Mexico Supreme Court · 2003
- Handmaker v. HenneyNew Mexico Supreme Court · 1999
- Carrillo v. RostroNew Mexico Supreme Court · 1992
- Luboyeski v. HillNew Mexico Supreme Court · 1994
- Gonzales v. Surgidev Corp.New Mexico Supreme Court · 1995
147 more not listed; retrieve them via the Exa API.