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KELLY INN NO. 102, INC. v. KAPNISON

Nos. 19021, 19443.

824 P.2d 1033 (1992)

113 N.M. 231

KELLY INN NO. 102, INC., Plaintiff-Appellant, v. Nick KAPNISON, Paul Kapnison, Personal Representative of the Estate of Natalyn Giannini, Deceased, and Robert O. Gathings, Defendants-Appellees. KELLY INN NO. 102, INC., a corporation, and Howard T. Kelly, Plaintiffs-Appellees, v. Nick KAPNISON, et al., Defendants-Appellants.

Supreme Court of New Mexico.

January 7, 1992.

Attorney(s) appearing for the Case

Sylvain Segal Albuquerque, for Kelly Inn No. 102, Inc., and Howard Kelly.

Marchiondo, Vigil & Voegler, Douglas G. Voegler, Albuquerque, for Nick Kapnison, et al.

John A. Budagher Albuquerque, for First Natl. Bank in Albuquerque, Trustee of Robert and Nedra Gathings Trust.

William C. Salmon, Albuquerque, for defendant-appellee Anna Marie Kapnison Personal Representative of the Estate of Natalyn Giannini.

OPINION

MONTGOMERY, Justice.

In this case we attempt to clarify the sometimes confusing state of the law surrounding the finality of judgments. The specific issue is whether a judgment declaring the rights and liabilities of the parties and awarding attorney's fees, but reserving for future determination the amount of the fees, is final, despite the parties and the court's recognition of the necessity for future proceedings to fix the amount of the award...

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