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GARCIA v. JEANTETTE

No. 22,784.

82 P.3d 947 (2003)

134 N.M. 776

2004-NMCA-004

Fidel GARCIA, Intervenor-Appellant, v. Mario JEANTETTE, Petitioner-Appellee.

Court of Appeals of New Mexico.

September 23, 2003.

Attorney(s) appearing for the Case

Samuel M. Herrera, The Herrera Firm, P.C., Taos, NM, for Appellant.

Brigitte Ursula Lotze, Jerry J. Hamilton, Brigitte Lotze Law Firm, Taos, NM, for Appellee.

OPINION

WECHSLER, Chief Judge.

{1} We address in this appeal whether the district court had authority under NMSA 1978, § 40-4-7(A) (1997), to order an intervening third party to pay attorney fees incurred by a divorcing party who was required to bring a separate action to collect on a judgment entered in the divorce proceeding. We hold that Section 40-4-7 does not authorize an award of attorney fees under these circumstances. We also decline...

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