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HARDY v. BARTMESS, 09-cv-41-DPM. (2012)

Court: District Court, E.D. Arkansas Number: infdco20120306703 Visitors: 8
Filed: Mar. 05, 2012
Latest Update: Mar. 05, 2012
Summary: ORDER D.P. MARSHALL, Jr., District Judge. The Court has reviewed the parties' submissions on Bartmess's attorney's fees and expenses related to the lis pendens issue. The Court appreciates the papers' brevity. The expert fees for Honea and Rush, which total $575.00, are uncontested. They are reasonable and allowed. The $17,842.50 requested in attorney's fees is too much. Informed by having adjudicated the lis pendens dispute and by the billing records, and guided by all the Chrisco fac
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ORDER

D.P. MARSHALL, Jr., District Judge.

The Court has reviewed the parties' submissions on Bartmess's attorney's fees and expenses related to the lis pendens issue. The Court appreciates the papers' brevity.

The expert fees for Honea and Rush, which total $575.00, are uncontested. They are reasonable and allowed.

The $17,842.50 requested in attorney's fees is too much. Informed by having adjudicated the lis pendens dispute and by the billing records, and guided by all the Chrisco factors, the Court concludes that a reasonable fee is $5,000.00. Chrisco v. Sun Industries, Inc., 304 Ark. 227, 229-30, 800 S.W.2d 717, 718-19 (1990). This represents twenty hours of work at $250.00 an hour. This was a straightforward issue, one that could have been handled alone by either of Bartmess's experienced counsel. Bartmess's fee arrangement is only one factor among many in the equation. Ibid.

The Courtawards $5,575.00 inattorney's fees and expenses to Bartmess for the Hardys' minor breach of the parties' settlement. ARK. CODEANN. § 16-22-308. The Hardys must file confirmation of payment by 20 March 2012. Motion for fees, Document No. 271, granted in part and denied in part.

So Ordered.

Source:  Leagle

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