Upon the affirmation of any judgment or decision, the supreme court or court of appeals may award to the appellee or defendant in error damages not exceeding ten percent of the judgment complained of, as may be deemed just by the court.
History: Laws 1917, ch. 43, § 39; C.S. 1929, § 105-2521; 1953 Comp., § 21-10-24; Laws 1966, ch. 28, § 55.
ANNOTATIONSCompiler's notes. — Laws 1966, ch. 28, § 55, recompiled this section. It had been omitted by the compilers of the 1941 Compilation as superseded by the Supreme Court Rules.
Damages not awarded. — The appellate court will not award damages where the application of general propositions of law to the facts of the case present an issue of first impression concerning a shareholder's standing to bring an individual action against another equal shareholder in a closely held corporation for a breach of fiduciary duty in the sale of corporate assets. Clark v. Sims, 2009-NMCA-118, 147 N.M. 252, 219 P.3d 20, cert. denied, 2009-NMCERT-009, 147 N.M. 421, 224 P.3d 648.
The appellate court will not award damages where the appellant continues to pursue an appeal by opposing the appellate court's proposed disposition of the appeal. Clark v. Sims, 2009-NMCA-118, 147 N.M. 252, 219 P.3d 20, cert. denied, 2009-NMCERT-009, 147 N.M. 421, 224 P.3d 648.
Damages assessed where appeal frivolous or for delay. — Under this section damages may be assessed where an appeal is found to be frivolous or merely for delay, but a court should be reluctant to penalize litigants who take advantage of their right to appeal. Genuine Parts Co. v. Garcia, 1978-NMSC-059, 92 N.M. 57, 582 P.2d 1270.
Attorney fees not awarded. — The appellate court will not award attorney fees where an appeal raises substantial questions concerning a decision of the personnel board. State ex rel. N.M. State Hwy. Dep't v. Silva, 1982-NMCA-121, 98 N.M. 549, 650 P.2d 833.