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CHERPELIS v. CHERPELIS

No. 18304.

959 P.2d 973 (1998)

125 N.M. 248

1998-NMCA-079

Carol M. CHERPELIS, Plaintiff, v. Barbara Jane CHERPELIS, Defendant/Third-Party Plaintiff, v. George CHERPELIS, Third-Party Defendant, MILLER, STRATVERT, TORGERSON & SCHLENKER, P.A. Claimant/Appellant, v. Carol M. CHERPELIS, Respondent/Appellee.

Court of Appeals of New Mexico.

May 7, 1998.

Attorney(s) appearing for the Case

David H. Thomas, III, Dean G. Constantine, Miller, Stratvert & Torgerson, P.A., Albuquerque, for Claimant/Appellant.

George Cherpelis, Scottsdale, AZ, for Appellee.

OPINION

BUSTAMANTE, Judge.

{1} The law firm of Miller, Stratvert and Torgerson (Miller) appeals the district court's decision denying it a charging lien on monies currently deposited in the district court's registry. The sole issue raised is whether the common-law attorney's charging lien, as first recognized and described in New Mexico in Prichard v. Fulmer, 22 N.M. 134, 159 P. 39 (1916), may be asserted when there is no explicit provision...

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