{ "id": 1586468, "name": "ALBUQUERQUE NATIONAL BANK, a national banking association, Plaintiff, v. ALBUQUERQUE RANCH ESTATES, INC., KAC, Inc., Defendants, and TRACT C, Defendant-Appellant, v. MATTHEWS, CRIDER, CALVERT AND BINGHAM, P.C., Lien Claimant-Appellee", "name_abbreviation": "Albuquerque National Bank v. Albuquerque Ranch Estates, Inc.", "decision_date": "1984-09-05", "docket_number": "No. 15298", "first_page": "656", "last_page": "657", "citations": [ { "type": "official", "cite": "101 N.M. 656" }, { "type": "parallel", "cite": "687 P.2d 91" } ], "court": { "name_abbreviation": "N.M.", "id": 8835, "name": "Supreme Court of New Mexico" }, "jurisdiction": { "id": 52, "name_long": "New Mexico", "name": "N.M." }, "cites_to": [ { "cite": "159 P. 39", "category": "reporters:state_regional", "reporter": "P.", "year": 1916, "pin_cites": [ { "page": "41" } ], "opinion_index": 0 }, { "cite": "22 N.M. 134", "category": "reporters:state", "reporter": "N.M.", "case_ids": [ 4727197 ], "year": 1916, "pin_cites": [ { "page": "140" } ], "opinion_index": 0, "case_paths": [ "/nm/22/0134-01" ] }, { "cite": "98 N.M. 47", "category": "reporters:state", "reporter": "N.M.", "case_ids": [ 1582468 ], "weight": 2, "year": 1982, "pin_cites": [ { "page": "49", "parenthetical": "quoting Prichard v. Fulmer, 22 N.M. 134, 140, 159 P. 39, 41 (1916)" }, { "page": "1038", "parenthetical": "quoting Prichard v. Fulmer, 22 N.M. 134, 140, 159 P. 39, 41 (1916)" } ], "opinion_index": 0, "case_paths": [ "/nm/98/0047-01" ] } ], "analysis": { "cardinality": 234, "char_count": 3076, "ocr_confidence": 0.78, "pagerank": { "raw": 7.761198635895696e-08, "percentile": 0.45601847829738335 }, "sha256": "17c39ee8f3037154332d3fb7f888d6c73a72e4b06ed6867ac6aba0d25ef1f7a6", "simhash": "1:0670910f4eab058b", "word_count": 509 }, "last_updated": "2023-07-14T22:42:52.435207+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "FEDERICI, C.J., and RIORDAN, J., concur." ], "parties": [ "ALBUQUERQUE NATIONAL BANK, a national banking association, Plaintiff, v. ALBUQUERQUE RANCH ESTATES, INC., KAC, Inc., Defendants, and TRACT C, Defendant-Appellant, v. MATTHEWS, CRIDER, CALVERT AND BINGHAM, P.C., Lien Claimant-Appellee." ], "opinions": [ { "text": "OPINION\nWALTERS, Justice.\nDefendant Tract C appeals from the trial court\u2019s order establishing an attorney\u2019s charging lien filed by Matthews, Crider, Calvert and Bingham, P.C. (Matthews), and providing for enforcement of the lien against the fund held by the clerk of the district court. We reverse, holding that the trial court erred in its conclusion that Matthews had a valid charging lien.\nAn attorney\u2019s charging lien is defined as follows:\n[It is an attorney\u2019s right] to recover his fees and money expended on behalf of his client from a fund recovered by his efforts, and also the right to have the court interfere to prevent payment by the judgment debtor to the creditor in fraud of his right to the same, and also to prevent or set aside assignments or settlements made in fraud of his right.\nNorthern Pueblos Enterprises v. Montgomery, 98 N.M. 47, 49, 644 P.2d 1036, 1038 (1982) (quoting Prichard v. Fulmer, 22 N.M. 134, 140, 159 P. 39, 41 (1916)). In the ease now considered, the trial court ordered KAC, Inc. (Matthews\u2019 client), to make payments claimed to be owed to Tract C into an escrow fund. The court order creating the fund provided that those payments were \u201cdeemed a valid tender and payments pursuant to the terms of [a] Real Estate Contract\u201d between Tract C and KAC. Tract C at a later date obtained a default judgment against KAC for an amount exceeding the payments made to the escrow fund.\nWe hold that under the facts of this case the escrow fund, consisting solely of payments made by Matthews\u2019 client pursuant to the court order and the payments terms of its real estate contract with Tract C, is not a fund \u201crecovered by\u201d Matthews for the benefit of Matthews\u2019 client, KAC; instead, it was a fund representing KAC\u2019s contract payments to Tract C should it be determined in this law suit that Tract C\u2019s claim for payments was valid. Consequently, there existed in this case no valid recovery fund upon which an attorney\u2019s charging lien could be imposed. Matthews is, in effect, asking us to broaden the definition of an \u201cattorney\u2019s charging lien\u201d to give the client\u2019s attorney the first bite from a fund generated solely from the client\u2019s own resources regardless of which party wins the lawsuit. There is no support either in case precedent or public policy, or in the eases relied on by Matthews, for such a proposition, and we will not adopt it.\nThe order of the trial court is reversed and the case is remanded for further proceedings in accordance with this opinion.\nIT IS SO ORDERED.\nFEDERICI, C.J., and RIORDAN, J., concur.", "type": "majority", "author": "WALTERS, Justice." } ], "attorneys": [ "Patrick Villella, Sullivan, Villella, Skarsgard & Noya, Albuquerque, N.M., for defendant-appellant.", "Joanne Reuter, Susan McKee, Matthews, Crider, Calvert & Bingham, P.C., Albuquerque, N.M., for lien claimant-appellee." ], "corrections": "", "head_matter": "687 P.2d 91\nALBUQUERQUE NATIONAL BANK, a national banking association, Plaintiff, v. ALBUQUERQUE RANCH ESTATES, INC., KAC, Inc., Defendants, and TRACT C, Defendant-Appellant, v. MATTHEWS, CRIDER, CALVERT AND BINGHAM, P.C., Lien Claimant-Appellee.\nNo. 15298.\nSupreme Court of New Mexico.\nSept. 5, 1984.\nPatrick Villella, Sullivan, Villella, Skarsgard & Noya, Albuquerque, N.M., for defendant-appellant.\nJoanne Reuter, Susan McKee, Matthews, Crider, Calvert & Bingham, P.C., Albuquerque, N.M., for lien claimant-appellee." }, "file_name": "0656-01", "first_page_order": 690, "last_page_order": 691 }