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eBook details

• Title: Rummel V. Edgemont Realty Partners
• Author : New Mexico Court of Appeals
• Release Date : January 09, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

Plaintiff, Kenneth Rummel, and Defendant, Edgemont Realty Partners, Ltd. (Edgemont), each appeal from separate orders entered by the trial court. Plaintiff appeals from the trial court's order granting a motion to dismiss in favor of Edgemont. Edgemont pursues a cross-appeal from the trial court's order awarding Plaintiff attorney's fees incurred in seeking and obtaining a default judgment that was later set aside and in opposing Edgemont's motion to set aside the default judgment. The central issue involved in Plaintiff's appeal is whether the  allegations contained in his first amended complaint were sufficient to withstand Edgemont's motion to dismiss under SCRA 1986, 1-012(B)(6) (Repl.1992). The cross-appeal challenges the propriety of the trial court's order awarding Plaintiff attorney's fees for seeking the default judgment and then for defending against Edgemont's motion to vacate it. We affirm the order granting the motion to dismiss and the order awarding attorney's fees to Plaintiff.

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