Assessing attorneys' fees. — Assessing attorneys' fees need not be mechanistic or
formalistic, but as governed by, and should be apportioned according to, the facts and
circumstances of the case and the extent to which the parties, in fact, prevailed.
Hedicke v. Gunville, 2003-NMCA-032, 133 N.M. 335, 62 P.3d 1217, cert. denied, 133
N.M. 413, 63 P.3d 516.
Prevailing parties are entitled to award of reasonable attorney fees. — Where
tenants brought action against apartment owner and manager for violations of the New
Mexico Unfair Practices Act (UPA), §§ 57-12-1 through § 57-12-26 NMSA 1978, and the
New Mexico Uniform Owner-Resident Relations Act (UORRA), §§ 47-8-1 through § 47-
8-52 NMSA 1978, and where the parties reached a settlement agreement on all issues
except attorney fees, plaintiffs were entitled to reasonable attorney fees,
notwithstanding the fact that the damage award was small, because plaintiffs
successfully prosecuted their UPA and UORRA claims; the amount involved and the
results obtained are only one factor among several the court may consider to determine
a reasonable attorney fee. Fallen v. GREP Southwest, LLC, 247 F.Supp.3d 1165
(2017).
Law reviews. — For survey, "The Uniform Owner-Resident Relations Act," see 6
N.M.L. Rev. 293 (1976).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 51C C.J.S. Landlord and Tenant §§
247(2), 250(2).