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MONTOYA v. VILLA LINDA MALL, LTD.

No. 18794.

793 P.2d 258 (1990)

110 N.M. 128

David F. MONTOYA and Elizabeth Montoya, husband and wife, d/b/a Papas Fritas, et al., Plaintiffs-Counter-Defendants-Appellees, v. VILLA LINDA MALL, LTD., a New Mexico limited partnership, et al., Defendants-Counter-Claimant-Appellants.

Supreme Court of New Mexico.

May 30, 1990.

Attorney(s) appearing for the Case

Sutin, Thayer & Browne, P.C., Mary E. McDonald and Maryanne Reilly, Santa Fe, for defendants-counter-claimant-appellants.

Roth, VanAmberg, Gross & Rogers, Michael P. Gross and F. Joel Roth, Santa Fe, for plaintiffs-counter-defendants-appellees.

OPINION

BACA, Justice.

Villa Linda Mall (Villa Linda), defendant below, appeals the award of attorney's fees to Montoyas. The Montoyas prevailed at the district court on claims of negligent misrepresentation and constructive fraud relating to their lease for commercial space. They received a damage award of $66,800 set off by a $10,200 award for Villa Linda's counterclaim for past due rent based on a breach of the lease. The district court awarded Montoyas...

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