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POTTER v. PIERCE

No. 31,595.

315 P.3d 303 (2013)

2014-NMCA-002

Jeffery POTTER, Plaintiff-Appellant, v. Chris PIERCE, William Davis, Davis & Pierce, P.C., and John Doe Law Firm, Defendants-Appellees.

Court of Appeals of New Mexico.

September 23, 2013.

Attorney(s) appearing for the Case

William G. Gilstrap, P.C., William G. Gilstrap , Law Offices of Daymon B. Ely, Daymon B. Ely , Albuquerque, NM, for Appellants.

Domenici Law Firm, Pete V. Domenici, Jr. , Lorraine Hollingsworth , Albuquerque, NM, for Appellees.

OPINION

HANISEE, J.

{1} In this case we examine whether Jeffery Potter (Plaintiff) may bring a malpractice action against his former bankruptcy attorneys (Defendants) after Plaintiff objected to Defendants' fee applications with allegations of malpractice and the bankruptcy court awarded fees in a final order. The district court dismissed the malpractice claim on the ground that it was barred by the principles of claim preclusion because Plaintiff...

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