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  5. 816 P.2d 1114 (1991)
 

SUNWEST BANK v. MILLER'S PERF. WAREHOUSE

No. 19735.

816 P.2d 1114 (1991)

SUNWEST BANK OF ROSWELL, N.A., a national banking association, petitioner, v. MILLER'S PERFORMANCE WAREHOUSE, INC., Scott D. Miller, Sr. and Ethel D. Miller, his wife, Respondents.

Supreme Court of New Mexico.

September 4, 1991.

Attorney(s) appearing for the Case

Atwood, Malone, Mann & Turner, Rod M. Schumacher, Susan Zeller, Roswell, Modrall, Sperling, Roehl, Harris & Sisk, R.E. Thompson, Albuquerque, for peitioner.

Hinkle, Cox, Eaton, Coffield & Hensley, Albert L. Pitts, Richard E. Olson, Rebecca Nichols Johnson, Roswell, for respondents.

OPINION

FRANCHINI, Justice.

We granted certiorari to consider the following two issues: (1) Whether an attorney's charging lien attaches to a judgment in favor of the attorney's client when there is no actual pecuniary recovery; and (2) whether an attorney's charging lien takes priority over a set-off of judgments awarded the attorney's client and an adverse party. We hold that the trial court first must find that a valid contract existed between the attorney...

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