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Cases of Interest: New Mexico
© National Legal Research Group, Inc.
Attorneys and Clients (full category)
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NEW MEXICO: Carillo v. Coors, ___ N.M. ___, 901 P.2d 214 (Ct. App. 1995).
A divorce lawyer did not commit malpractice by failing to obtain a lien in a property settlement involving installment payments because divorce decrees ordering future periodic payments are not money judgments that can be protected under the general lien statute.
Read More About This CaseClassification of Assets (full category)
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NEW MEXICO: Franklin v. Franklin, ___ N.M. ___, 859 P.2d 479 (Ct. App. 1993).
Lump-sum severance pay received by husband after divorce was his separate property.
Read More About This CaseFederal Preemption (full category)
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NEW MEXICO: Hennessy v. Duryea, ___ N.M. ___, 955 P.2d 683 (Ct. App. 1998).
Federal law precluded the wife from being awarded a share of the husband's military retirement benefits where the parties' 1973 divorce decree did not divide the benefits or reserve jurisdiction to do so.
Read More About This CaseMilitary Benefits (full category)
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NEW MEXICO: Hennessy v. Duryea, ___ N.M. ___, 955 P.2d 683 (Ct. App. 1998).
Federal law precluded the wife from being awarded a share of the husband's military retirement benefits where the parties' 1973 divorce decree did not divide the benefits or reserve jurisdiction to do so.
Read More About This CasePensions (full category)
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NEW MEXICO: Barnes v. Shoemaker, ___ N.M. ___, 868 P.2d 1284 (Ct. App. 1994).
Modification of an order distributing retirement benefits is improper, even though the original order was based on erroneous projections, since there was no evidence that the error was the result of a postdecree event or otherwise could not have been anticipated.
Read More About This CasePersonal Injury Awards (full category)
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NEW MEXICO: Sanders v. Estate of Sanders, ___ N.M. ___, 927 P.2d 23 (Ct. App. 1996).
The husband's alleged statement to the court that the parties' settlement agreement was fair did not constitute fraud on the court.
Read More About This CasePostdecree Proceedings (full category)
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NEW MEXICO: Barnes v. Shoemaker, ___ N.M. ___, 868 P.2d 1284 (Ct. App. 1994).
Modification of an order distributing retirement benefits is improper, even though the original order was based on erroneous projections, since there was no evidence that the error was the result of a postdecree event or otherwise could not have been anticipated.
Read More About This CaseValuation of Property (full category)
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NEW MEXICO: Barnes v. Shoemaker, ___ N.M. ___, 868 P.2d 1284 (Ct. App. 1994).
Modification of an order distributing retirement benefits is improper, even though the original order was based on erroneous projections, since there was no evidence that the error was the result of a postdecree event or otherwise could not have been anticipated.
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