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Budagher v. Sunnyland Enterprises, Inc.

Supreme Court of New Mexico
Dec 17, 1979
93 N.M. 640 (N.M. 1979)

Summary

In Budagher v. Sunnyland Enterprises Inc., 93 N.M. 640, 641, 603 P.2d 1097, 1098 (1979), a contract suit involving a claim for damages, the Supreme Court of New Mexico cited with approval a number of factors set forth in the case of Fryar v. Johnson, 93 N.M. 485, 487, 601 P.2d 718, 720 (1979), which courts consider when determining the reasonableness of a claim for attorneys' fees.

Summary of this case from Mountain Highlands, LLC v. Hendricks

Opinion

No. 12318.

December 17, 1979.

Appeal from the District Court, Sandoval County, George H. Perez, D. J.

Poole, Tinnin Martin, Paull Mines, Douglas Seegmiller, Albuquerque, for defendants-appellants.

Gallagher Walker, Peter E. Gallagher, Dale B. Walker, Jr., Albuquerque, for plaintiffs-appellees.


OPINION


This matter comes before this Court for a second time. The first decision in this case is reported in 90 N.M. 365, 563 P.2d 1158 (1977). In that decision this Court held that the trial court abused its discretion in refusing to consider evidence concerning reasonableness of attorney's fees in the sum of $45,399.23 awarded as a result of a foreclosure suit. That decision noted that a provision in a mortgage note for a 10% attorney's fee would entitle the mortgagor only to a reasonable fee with 10% as the upper allowable limit. The case was remanded to the trial court for a hearing on the reasonableness of the fee; a hearing was held and the sum of $45,399.23 was again set by the court below. This second appeal resulted.

A determination of the first issue presented on this appeal is dispositive of this case.

The issue is whether or not the trial court abused its discretion, after a hearing, in allowing attorney's fees in the amount of $45,399.23. We find no abuse of discretion.

The recent case of Fryar v. Johnsen, 93 N.M. 485, 601 P.2d 718 (1979) set out several factors to be considered in determining the reasonableness of a fee. These include:

(1) the time and labor required, the novelty and difficulty of the questions involved and the skill requisite to perform the legal service properly;

. . . . .

(3) the fee customarily charged in the locality for similar legal services;

(4) the amount involved and the results obtained;

(5) the time limitations imposed by the client or by the circumstances;

. . . . .

(7) the experience, reputation and ability of the lawyer or lawyers performing the services;

Id. at 487, 601 P.2d at 720.

A reading of the record in this case convinces us that the trial court considered all of these factors.

Neither the record nor the briefs in this case show an abuse of discretion on the trial court's part. The award of attorney's fee in this case is not excessive considering the factors set out above.

We affirm.

IT IS SO ORDERED.

EASLEY and FEDERICI, JJ., concur.


Summaries of

Budagher v. Sunnyland Enterprises, Inc.

Supreme Court of New Mexico
Dec 17, 1979
93 N.M. 640 (N.M. 1979)

In Budagher v. Sunnyland Enterprises Inc., 93 N.M. 640, 641, 603 P.2d 1097, 1098 (1979), a contract suit involving a claim for damages, the Supreme Court of New Mexico cited with approval a number of factors set forth in the case of Fryar v. Johnson, 93 N.M. 485, 487, 601 P.2d 718, 720 (1979), which courts consider when determining the reasonableness of a claim for attorneys' fees.

Summary of this case from Mountain Highlands, LLC v. Hendricks

In Budagher v. Sunnyland Enter. Inc., 93 N.M. 640, 603 P.2d 1097 (1970), a case similar to the one at issue and involving a contract suit that claimed damages for attorney's fees, this Court considered a number of factors in determining the reasonableness of attorney's fees.

Summary of this case from Thompson Drilling, Inc. v. Romig

In Budagher v. Sunnyland Enterprises Inc., 93 N.M. 640, 603 P.2d 1097 (1979), a contract suit involving a claim for damages, the Supreme Court cited with approval a number of factors set forth in Fryar v. Johnsen, 93 N.M. 485, 601 P.2d 718 (1979), applicable to determining the reasonableness of a claim for attorney's fees.

Summary of this case from State ex Rel. Nichols v. Safeco Ins. Co.
Case details for

Budagher v. Sunnyland Enterprises, Inc.

Case Details

Full title:Robert BUDAGHER, Sheriff of Sandoval County, Trustee for and on behalf of…

Court:Supreme Court of New Mexico

Date published: Dec 17, 1979

Citations

93 N.M. 640 (N.M. 1979)
603 P.2d 1097

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