section 40-4-7(a) award of attorney fees (New Mexico) · Go Syfert
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section 40-4-7(a) award of attorney fees in New Mexico

9 New Mexico opinions name it 1 courts 1995–2021 2 in the last five years

The cases below were cited by New Mexico courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
Garcia v. Jeantettegreen
nmctapp · 2003 · cited in 5 New Mexico opinions naming this issue, 2010–2020
2 sentences

2020Id. {25} Here, the district court awarded attorney fees to Wife under Section 40-4-7(A), which provides in part that “[t]he court may make an order, relative to the expenses of the proceeding, as will ensure either party an efficient preparation and presentation of his case.” We have held that Section 40-4-7(A) supports a district court’s award of attorney fees, recognizing “that the central purpose of an award of attorney fees under Section 40-4-7(A) is to remedy any financial disparity between the divorcing parties so that each may make an efficient and effective presentation of his or her c

2020Id. {25} Here, the district court awarded attorney fees to Wife under Section 40-4-7(A), which provides in part that “[t]he court may make an order, relative to the expenses of the proceeding, as will ensure either party an efficient preparation and presentation of his case.” We have held that Section 40-4-7(A) supports a district court’s award of attorney fees, recognizing “that the central purpose of an award of attorney fees under Section 40-4-7(A) is to remedy any financial disparity between the divorcing parties so that each may make an efficient and effective presentation of his or her c

15
Alverson v. Harrisgreen
nmctapp · 1996 · cited in 2 New Mexico opinions naming this issue, 2003–2012
2 sentences

2012“New Mexico law permits the 11 award of attorney fees on appeal in domestic relation cases.” Rhinehart v. Nowlin, 12 111 N.M. 319, 330 , 805 P.2d 88, 99 (Ct. App. 1990). 13 In the case before us, statutory authority exists for the award of attorney fees. 14 See NMSA 1978, § 40-4-7(A) (1997) (“The court may make an order, relative to the 15 expenses of the proceeding, as will ensure either party an efficient preparation and 16 presentation of his case.”); Garcia v. Jeantette, 2004-NMCA-004, ¶ 19 , 134 N.M. 17 776, 82 P.3d 947 (stating that “the central purpose of an award of attorney fees under

2012“New Mexico law permits the 11 award of attorney fees on appeal in domestic relation cases.” Rhinehart v. Nowlin, 12 111 N.M. 319, 330 , 805 P.2d 88, 99 (Ct. App. 1990). 13 In the case before us, statutory authority exists for the award of attorney fees. 14 See NMSA 1978, § 40-4-7(A) (1997) (“The court may make an order, relative to the 15 expenses of the proceeding, as will ensure either party an efficient preparation and 16 presentation of his case.”); Garcia v. Jeantette, 2004-NMCA-004, ¶ 19 , 134 N.M. 17 776, 82 P.3d 947 (stating that “the central purpose of an award of attorney fees under

12
State v. Harrisgreen
nmctapp · 2013 · cited in 1 New Mexico opinions naming this issue, 2021–2021
2 sentences

2021See State v. Mondragon, 1988-NMCA-027 , ¶ 10, 107 N.M. 421 , 759 P.2d 1003 (stating that a party responding to a summary calendar notice must come forward and specifically point out errors of law and fact, and the repetition of earlier arguments does not fulfill this requirement), superseded by statute on other grounds as stated in State v. Harris, 2013-NMCA-031, ¶ 3 , 297 P.3d 374 .

2021See State v. Mondragon, 1988-NMCA-027 , ¶ 10, 107 N.M. 421 , 759 P.2d 1003 (stating that a party responding to a summary calendar notice must come forward and specifically point out errors of law and fact, and the repetition of earlier arguments does not fulfill this requirement), superseded by statute on other grounds as stated in State v. Harris, 2013-NMCA-031, ¶ 3 , 297 P.3d 374 .

11
State v. Mondragonred
nmctapp · 1988 · cited in 1 New Mexico opinions naming this issue, 2021–2021
2 sentences

2021See State v. Mondragon, 1988-NMCA-027 , ¶ 10, 107 N.M. 421 , 759 P.2d 1003 (stating that a party responding to a summary calendar notice must come forward and specifically point out errors of law and fact, and the repetition of earlier arguments does not fulfill this requirement), superseded by statute on other grounds as stated in State v. Harris, 2013-NMCA-031, ¶ 3 , 297 P.3d 374 .

2021See State v. Mondragon, 1988-NMCA-027 , ¶ 10, 107 N.M. 421 , 759 P.2d 1003 (stating that a party responding to a summary calendar notice must come forward and specifically point out errors of law and fact, and the repetition of earlier arguments does not fulfill this requirement), superseded by statute on other grounds as stated in State v. Harris, 2013-NMCA-031, ¶ 3 , 297 P.3d 374 .

11
Rhinehart v. Nowlingreen
nmctapp · 1990 · cited in 1 New Mexico opinions naming this issue, 2012–2012
2 sentences

2012“New Mexico law permits the 11 award of attorney fees on appeal in domestic relation cases.” Rhinehart v. Nowlin, 12 111 N.M. 319, 330 , 805 P.2d 88, 99 (Ct. App. 1990). 13 In the case before us, statutory authority exists for the award of attorney fees. 14 See NMSA 1978, § 40-4-7(A) (1997) (“The court may make an order, relative to the 15 expenses of the proceeding, as will ensure either party an efficient preparation and 16 presentation of his case.”); Garcia v. Jeantette, 2004-NMCA-004, ¶ 19 , 134 N.M. 17 776, 82 P.3d 947 (stating that “the central purpose of an award of attorney fees under

2012“New Mexico law permits the 11 award of attorney fees on appeal in domestic relation cases.” Rhinehart v. Nowlin, 12 111 N.M. 319, 330 , 805 P.2d 88, 99 (Ct. App. 1990). 13 In the case before us, statutory authority exists for the award of attorney fees. 14 See NMSA 1978, § 40-4-7(A) (1997) (“The court may make an order, relative to the 15 expenses of the proceeding, as will ensure either party an efficient preparation and 16 presentation of his case.”); Garcia v. Jeantette, 2004-NMCA-004, ¶ 19 , 134 N.M. 17 776, 82 P.3d 947 (stating that “the central purpose of an award of attorney fees under

11
Enriquez v. Cochrangreen
nmctapp · 1998 · cited in 1 New Mexico opinions naming this issue, 2010–2010
2 sentences

2010Also, he should have explained why he believed the 9 award was a sanction; why the district court’s decision was without logic or reason, 10 or clearly unable to be defended; why the sanction was inappropriate in light of the 11 nature of the conduct and level of culpability found by the district court; why the 12 district court’s findings and decision were not supported by substantial evidence; and 13 whether the district court considered alternatives to the sanctions ultimately imposed. 14 See Enriquez v. Cochran, 1998-NMCA-157, ¶¶ 20-21 , 126 N.M. 196 , 967 P.2d 1136 15 (describing the fact

2010Also, he should have explained why he believed the 9 award was a sanction; why the district court’s decision was without logic or reason, 10 or clearly unable to be defended; why the sanction was inappropriate in light of the 11 nature of the conduct and level of culpability found by the district court; why the 12 district court’s findings and decision were not supported by substantial evidence; and 13 whether the district court considered alternatives to the sanctions ultimately imposed. 14 See Enriquez v. Cochran, 1998-NMCA-157, ¶¶ 20-21 , 126 N.M. 196 , 967 P.2d 1136 15 (describing the fact

11
Monsanto v. Monsantogreen
nmctapp · 1995 · cited in 1 New Mexico opinions naming this issue, 2003–2003
2 sentences

2003Quintana, 2002-NMCA-008, ¶ 33 , 131 N.M. 435 , 38 P.3d 203’ (“In determining whether to award attorney fees, a showing of economic disparity, the need of one party, and the ability of the other to pay, has been characterized as the primary test in New Mexico.”) (internal quotation marks and citation omitted); see also Alverson v. Harris, 1997-NMCA-024, ¶ 26 , 123 N.M. 153 , 935 P.2d 1165 (“The most important factor the trial court considers in deciding whether to award attorney fees is economic disparity between the parties.”) (internal quotation marks and citation omitted); Monsanto, 119 N.M.

2003Quintana, 2002-NMCA-008, ¶ 33 , 131 N.M. 435 , 38 P.3d 203’ (“In determining whether to award attorney fees, a showing of economic disparity, the need of one party, and the ability of the other to pay, has been characterized as the primary test in New Mexico.”) (internal quotation marks and citation omitted); see also Alverson v. Harris, 1997-NMCA-024, ¶ 26 , 123 N.M. 153 , 935 P.2d 1165 (“The most important factor the trial court considers in deciding whether to award attorney fees is economic disparity between the parties.”) (internal quotation marks and citation omitted); Monsanto, 119 N.M.

11
Gilmore v. Gilmoregreen
nmctapp · 1988 · cited in 1 New Mexico opinions naming this issue, 1995–1995
2 sentences

1995Gilmore v. Gilmore, 106 N.M. 788, 792 , 750 P.2d 1114, 1118 (Ct.App.), cert. denied, 107 N.M. 16 , 751 P.2d 700 (1988).

1995Gilmore v. Gilmore, 106 N.M. 788, 792 , 750 P.2d 1114, 1118 (Ct.App.), cert. denied, 107 N.M. 16 , 751 P.2d 700 (1988).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Mexico. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Quintana v. Eddins green
nmctapp · 2001
2 sentences

2020Further, the “primary test” to determine whether such an award is warranted is “a showing of economic disparity, the need of one party, and the ability of the other to pay[.]” Quintana v. Eddins, 2002- NMCA-008, ¶ 33, 131 N.M. 435 , 38 P.3d 203 (internal quotation marks and citation omitted). {26} Regarding Husband’s first argument—that Wife never filed a motion seeking attorney fees—we point to Wife’s motion for relief from judgment, filed on June 7, 2016, in which she moved for attorney fees.

2020Further, the “primary test” to determine whether such an award is warranted is “a showing of economic disparity, the need of one party, and the ability of the other to pay[.]” Quintana v. Eddins, 2002- NMCA-008, ¶ 33, 131 N.M. 435 , 38 P.3d 203 (internal quotation marks and citation omitted). {26} Regarding Husband’s first argument—that Wife never filed a motion seeking attorney fees—we point to Wife’s motion for relief from judgment, filed on June 7, 2016, in which she moved for attorney fees.

32003–2020
Lisa Kramer, F/K/A Lisa Kastleman v. Bryan Kastleman green
tex · 2017
2 sentences

2021Because Wife could receive less spousal support at a new trial than she initially received, or receive less if the court were permitted to modify the award, the exception to the benefit of the judgment rules does not apply. {20} Alternatively, Wife asks this Court to adopt a new exception to the benefit of the judgment rule known as the “economic-necessity exception.” In support of this proposition, Wife directs us to Kramer v. Kastleman, 508 S.W.3d 211 (Tex. 2017). {21} In Kramer, the Texas Supreme Court discussed the parameters of exceptions to the acceptance-of-benefits doctrine in the cont

2021Because Wife could receive less spousal support at a new trial than she initially received, or receive less if the court were permitted to modify the award, the exception to the benefit of the judgment rules does not apply. {20} Alternatively, Wife asks this Court to adopt a new exception to the benefit of the judgment rule known as the “economic-necessity exception.” In support of this proposition, Wife directs us to Kramer v. Kastleman, 508 S.W.3d 211 (Tex. 2017). {21} In Kramer, the Texas Supreme Court discussed the parameters of exceptions to the acceptance-of-benefits doctrine in the cont

12021–2021
Michelson v. Michelson green
nm · 1974
1 sentence

2020That statute provides that in a divorce proceeding, “[t]he court may make an order, relative to the expenses of the proceeding, as will ensure either party an efficient preparation and presentation of his case.” Id.

12020–2020
Herrera v. Herrera green
nmctapp · 1999
1 sentence

2012In Herrera, attorney fees were 5 awarded when a husband’s refusal to sign a marital settlement agreement led to 6 delays, including the filing of an appeal. 1999-NMCA-034, ¶¶ 19-20 .

12012–2012

Statutes the citing opinions construe

NM § N.M. Stat. § 40-4-7 (9)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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