PHILIPBAR v. PHILIPBAR

No. 19,311.

980 P.2d 1075 (1999)

127 N.M. 341

1999-NMCA-063

Renee K. PHILIPBAR, Petitioner, v. Brian A. PHILIPBAR, Respondent. J.D. Behles & Associates, P.C., Interested Parties-Appellants, v. Mary E. Chappelle, Court Appointed Guardian, and Singer, Smith & Williams, P.A., Interested Parties-Appellees.

Court of Appeals of New Mexico.

April 21, 1999.


Attorney(s) appearing for the Case

Jennie Deden Behles, Linda Lillie Ellison, J.D. Behles & Associates, P.C., Albuquerque, for Appellants.

Barry D. Williams, Mary E. Chappelle, Singer, Smith & Williams, P.A., Albuquerque, for Appellees.


OPINION

BOSSON, Judge.

{1} Raising issues of first impression, this appeal challenges the district court's equitable authority in a domestic relations suit to void an attorney's charging lien recorded on the parties' residence and, once that property sells, to allocate the proceeds in a manner that pays court-appointed experts before satisfying attorney charging liens on the proceeds. We hold that the trial court properly exercised its equitable discretion...

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