VIRGINIA M. HERNANDEZ COVINGTON, District Judge.
This matter comes before the Court pursuant to Plaintiff MB Reo-FL Church-2, LLC's Motion for Summary Judgment. (Doc. # 165). Although the Court granted summary judgment in favor of MB Reo on July 31, 2017, (Doc. # 165), Defendant Frank M. Bafford filed an interlocutory appeal before the Court could enter an order as to damages. (Doc. # 170). Accordingly, this order resolves the issue of damages and awards $114,448.00 to MB Reo as follows.
A full review of the facts of this case is unnecessary, as the Court has already done so in its order granting summary judgment. (Doc. # 165). After granting summary judgment, the Court directed MB Reo to file a supplement as to its calculation of damages by August 14, 2017. (
Shortly thereafter, on August 29, 2017, Bafford filed a third interlocutory appeal. (Doc. # 170). The case was once again stayed and administratively closed pending resolution of the appeal. (Doc. # 174). The Eleventh Circuit sua sponte dismissed the appeal for lack of jurisdiction on October 26, 2017. (Doc. # 176). The Court reopened the case, (Doc. # 177), and reactivated MB Reo's motion for default judgment, as well as two motions to dismiss filed by Bafford prior to appeal. (Docs. ## 166, 169). The Court denied Bafford's motions on November 1, 2017. (Docs. ## 178, 179).
After the Court granted MB Reo's motion for default judgment on November 22, 2017, (Doc. # 183), default judgment was entered against Tampa for Christ Church. (Doc. # 184). Bafford filed his fourth appeal, (Doc. # 187), which the Eleventh Circuit dismissed sua sponte for lack of jurisdiction. (Doc. # 191). The Court then directed MB Reo to file supplemental information regarding its calculation of damages, (Doc. # 193), which MB Reo provided on June 14, 2018. (Doc. # 196). Thus, this order resolves the only remaining issue in the case: damages against Bafford.
Seeking damages against Bafford for its slander of title claim, MB Reo requests a total of $114,661.34. (Doc. # 196 at ¶ 13). MB Reo does not seek monetary damages against Tampa for Christ Church. (Doc. # 107 at 19). MB Reo's requested judgment is comprised of the following: $37,453.26 in carrying costs related to the property; $74,435.25 in attorney's fees; and $2,772.83 in costs. (Doc. # 196 at ¶ 13). The Court addresses each in turn.
This action focused on the commercial property located at 9612 N. 26th Street and 9706 N. 26th Street, Tampa, Florida 33612. (Doc. # 165 at 2). The property was listed for sale by MB Reo on October 12, 2015, with an asking price of $799,000. (
This Court is afforded broad discretion in addressing attorney's fees.
The fee applicant bears the burden of establishing entitlement to the hours requested as well as to the hourly rate.
MB Reo retained Akerman LLP in this action and requests attorney's fees in the amount of $74,435.25. (Doc. # 196 at ¶¶ 2, 9). Attorney Irene Bassel Frick explains in her supplemental declaration the fees incurred for the work completed are as follows:
Yet, MB Reo seeks to recover only $74,435.25 in fees. (
First, the Court must consider the reasonableness of the hourly rate. Bassel Frick explains that she is lead counsel for MB Reo and has over 18 years of civil litigation experience. (Doc. # 167 at ¶ 1). She, as well as the two other partners who worked on the matter, billed an hourly rate of $400.00. Additionally, two associate attorneys billed at hourly rates of $220.00 and $255.00. Finally, one paralegal spent half an hour working on this matter and billed an hourly rate of $210.00.
"A reasonable hourly rate is the prevailing market rate in the relevant legal community for similar services by lawyers of reasonably comparable skills, experience, and reputation."
Next, the Court must determine the reasonableness of the number of hours expended by MB Reo's counsel, while working on this case. "Fee applicants must exercise . . . `billing judgment,' that means they must exclude from their fee applications `excessive, redundant, or otherwise unnecessary hours.'"
In support of the hours spent on the case, Akerman has submitted detailed billing invoices. (Doc. # 196-1). These invoices include descriptions of the hours spent on legal work such as drafting letters to Bafford, responding to the motion to dismiss, preparing for depositions and mediation, and drafting the motion for summary judgment. (
Upon review of the invoices, the Court concludes that Akerman did not bill for unnecessary or redundant work, and the time billed was not excessive. Over the course of a year, counsel spent 261.9 hours on this matter. The action was lengthy and included numerous appeals. While frivolous, each appeal delayed the case and added a layer of procedural complexity. Further, the Court acknowledges Bassel Frick's reduction in total fees requested, as well as Akerman's decision not to charge MB Reo for numerous hours spent. These are prime examples of billing judgment that attorneys must exercise in applying for fees. Accordingly, the Court finds the requested fees reasonable and awards a total of $74,435.25 in attorney's fees.
Finally, MB Reo requests costs in the amount of $2,772.83. (
Certain costs requested by MB Reo are beyond those enumerated in § 1920. The Court accordingly disallows the following categories of requested costs as outside the scope of § 1920: postage ($4.87); telephone conferencing ($68.07); and Pacer (legal research retrieval) ($8.20).
The remaining costs consist of: court reporting fees ($1,810.20); witness fees ($56.79); service of process fees ($240.00); and filing and recording fees ($452.50). The Court finds that such costs were all necessarily obtained for use in the case and well within the range 28 U.S.C. § 1920. Thus, the Court grants MB Reo costs in total amount of $2,559.49.
The Court therefore grants the following fees and costs: $37,453.26 in carrying costs; $74,435.25 in attorney's fees; and $2,559.49 in costs. When added, the total amount awarded to MB Reo is $114,448.00.
Accordingly, it is
The Clerk is directed to enter judgment in favor of Plaintiff MB Reo-FL Church-2, LLC against Defendant Frank M. Bafford, in the amount of