Cited by
Opinions in New Hampshire that cite LAMONTAGNE BUILDERS, INC. v. Brooks, 910 A.2d 1162.
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John Doe v. New Hampshire Division of State Police & a.
N.H. 2024
We have consistently held that we will not consider issues raised on appeal that were not presented in the trial court.
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In the Matter of Matthew Routhier and Kelly Routhier
N.H. 2022
Accordingly, we decline to address them.
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Matthew Benoit v. ARNE, LLC
N.H. 2020
We agree.1 We have held that a party’s failure to request an award of attorney’s fees incurred on appeal under Supreme Court Rule 23 based upon the alleged frivolous or bad faith nature of the appeal waives any claim for those fees in the trial court.
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Seacoast Helicopters, LLC v. Kevin Beaulieu
N.H. 2020
We review the trial court’s calculation of attorney’s fees under our unsustainable exercise of discretion standard, and if there is some support for the trial court’s decision, we will uphold it.
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Town of Bartlett v. Edward C. Furlong, III d/b/a Lil' Man Snowmobile Rentals
N.H. 2019
The party claiming an appearance of partiality bears the burden of proof.
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Halifax-Am. Energy Co. v. Provider Power, LLC
180 A.3d 268
N.H. 2018
w Hampshire law, claims are “analytically severable” when they seek different relief, see Funtown USA, Inc. v. Town of Conway, 129 N.H. 352, 356 (1987); claims are not “analytically severable” when they constitute alternative theories of recovery and the evidence necessary to prove liability under one theory is relevant to prove liability under the other theory, see LaMontagne Builders v. Brooks, 154 N.H. 252, 261 (2006).
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Branch Banking and Trust Company v. Samson Duclair & a.
N.H. 2016
LaMontagne Builders v. Brooks, 154 N.H. 252, 259 (2006) (stating we have exclusive authority to award attorney’s fees incurred on appeal); Harkeem v. Adams, 117 N.H. 687, 691 (1977).
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Jahan Qureshi v. William J. Amann, Esq. & a.
N.H. 2015
He contends that the trial court erred by: (1) conditioning the reinstatement of his action upon his payment of the defendants’ attorney’s fees; (2) dismissing his action; (3) concluding that he failed to prosecute his action; and (4) denying him his “due process right to be heard.” This court has consistently held that we will not consider issues raised for the first time on appeal.
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Appeal of Stacy
164 N.H. 706
N.H. 2013
If there is some support in the record for the trial court’s determination, we will uphold it.” LaMontagne Builders v. Brooks, 154 N.H. 252, 259 (2006) (quotation omitted).
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Shelton v. Tamposi
62 A.3d 741
N.H. 2013
We review a trial court’s award of attorney’s fees under our unsustainable exercise of discretion standard, giving deference to the trial court’s decision.
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In Re Dube
44 A.3d 556
N.H. 2012
She contends that she lacked the capacity to agree to the plan because she was “distraught” during the divorce proceedings and “suffer[ed] from mental and emotional duress.” We decline to address her challenge to the parenting plan, however, because she did not raise the argument before the trial court, and, therefore, has not preserved it for our review.
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Doyle v. Commissioner, New Hampshire Department of Resources & Economic Development
163 N.H. 215
N.H. 2012
We have long held that “we will not consider issues raised on appeal that were not presented in the lower court.” LaMontagne Builders v. Brooks, 154 N.H. 252, 258 (2006) (quotation omitted).
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Doyle v. COM'R, DEPT. OF RESOURCES
37 A.3d 343
N.H. 2012
LaMontagne Builders v. Brooks, 154 N.H. 252, 258, 910 A.2d 1162 (2006) (quotation omitted).
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George v. Al Hoyt & Sons, Inc.
27 A.3d 697
N.H. 2011
Moreover, the fact that the court may have granted an attachment or reduced the amount of the verdict in error is not, in and of itself, a basis for recusal.
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State v. Munroe
20 A.3d 871
N.H. 2011
LaMontagne Builders v. Brooks, 154 N.H. 252, 258 (2006) (quotation omitted).
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In Re Rupa
13 A.3d 307
N.H. 2010
“This court has consistently held that we will not consider issues raised on appeal that were not presented in the lower court.” LaMontagne Builders v. Brooks, 154 N.H. 252, 258 (2006) (quotation omitted).
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BANK OF NEW YORK MELLON v. Cataldo
13 A.3d 134
N.H. 2010
LaMontagne Builders v. Brooks, 154 N.H. 252, 258, 910 A.2d 1162 (2006) ("This court has consistently held that we will not consider issues raised on appeal that were not presented in the lower court."
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Bank of New York Mellon v. Cataldo
161 N.H. 135
N.H. 2010
LaMontagne Builders v. Brooks, 154 N.H. 252, 258 (2006) (“This court has consistently held that we will not consider issues raised on appeal that were not presented in the lower court.” (quotation omitted)).
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In Re Sawyer
8 A.3d 80
N.H. 2010
In the interest of justice in extraordinary cases, but not as a matter of right, the supreme court in its sole discretion may award *19 attorneys’ fees related to an appeal to a prevailing party if the appeal is deemed by the court to have been frivolous or in bad faith.
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Baer v. New Hampshire Department of Education
160 N.H. 727
N.H. 2010
Supreme Court Rule 23 gives this court the exclusive authority to award attorney’s fees for an appeal, “if the appeal is deemed to have been frivolous or in bad faith.” LaMontagne Builders v. Brooks, 154 N.H. 252, 259 (2006) (quotation and ellipsis omitted).
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Baer v. NEW HAMPSHIRE DEPT. OF EDUC.
8 A.3d 48
N.H. 2010
LaMontagne Builders v. Brooks, 154 N.H. 252, *53 259, 910 A.2d 1162 (2006) (quotation and ellipsis omitted).
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Ferson-Lake, LLC v. City of Nashua
986 A.2d 476
N.H. 2009
As a result, we do not consider it.
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New Hampshire Department of Environmental Services v. Marino
928 A.2d 818
N.H. 2007
“This court has consistently held that we will not consider issues raised on appeal that were not presented in the lower court.” Lamontagne Builders v. Brooks, 154 N.H. 252, 258 (2006) (quotation *719 omitted).
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Martinez v. Nicholson
911 A.2d 30
N.H. 2006
LaMontagne Builders v. Brooks, 154 N.H. 252, 260-61 (2006) (superior court justice who did not preside over every hearing throughout course of litigation not precluded from awarding costs and attorney’s fees for proceedings conducted by a different superior court justice).
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In Re Hampers
911 A.2d 14
N.H. 2006
re of the fees and costs.” The court found specifically that “it would not be equitable for [the respondent] to pay fees and costs.” “An award of attorney’s fees must be grounded upon statutory authorization, a court rule, an agreement between the parties, or an established exception to the rule that each party is responsible for paying his or her own counsel fees.” LaMontagne Builders v. Brooks, 154 N.H. 252, 259 (2006).