STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES

Transcription

1 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES IN RE: PETITION FOR ARBITRATION Robert L. Prawdzik, Petitioner, v. Fee Case No Rel. Case No Marine Colony Condominium Association, Inc., Respondent. / FINAL ORDER ON MOTION FOR AWARD OF FEES AND COSTS Comes now, the undersigned arbitrator, and enters this final order as follows: On August 21, 2003, Robert L. Prawdzik (petitioner/unit owner) filed a motion for award of fees and costs, seeking compensation in the amount of $6, for paralegal fees and $ for costs, totaling $6, The fees and costs were incurred in arbitration case number , in which a final order was entered on August 11, 2003, requiring the association to appoint the petitioner as a member of the board of directors. Counsel for the association submitted a response objecting to the fees and costs requested by the petitioner on September 2, Pursuant to section (4)(k), Florida Statutes, the prevailing party in an arbitration proceeding shall be awarded the costs of the arbitration and reasonable attorney s fees in an amount determined by the arbitrator. A party is a prevailing 1

2 party if it succeeds on a significant issue in the arbitration and achieves some of the benefit sought in bringing the action. See Moritz v. Hoyt Enterprises, Inc., 604 So. 2d 807, 809 (Fla. 1992) (citing Hensley v. Eckerhart, 461 U.S. 424, 433 (1983)). As the association was ordered to appoint the petitioner as a member of the board of directors, the petitioner achieved the benefit he sought when initiating the case. Accordingly, the petitioner is the prevailing party and is entitled to an award of fees and costs. The next issue to determine is the reasonableness of the fees and costs claimed by the petitioner. In Florida Patient s Compensation Fund v. Rowe, 472 So. 2d 1145, 1150 (Fla. 1985), the Supreme Court adopted the federal lodestar approach as the foundation for setting reasonable fee awards. This approach requires the trial court to determine a lodestar figure by multiplying the number of hours reasonably expended on the litigation by a reasonable hourly rate for the service of the prevailing party s attorney. Fashion Tile & Marble v. Alpha One Construction, 532 So. 2d 1306 (Fla. 2d DCA 1988). In undertaking this analysis, the reasonableness of the hourly rate and the number of hours reasonably expended must be separately considered. See Rowe, 472 So. 2d at Petitioner seeks to recover for services provided by Cheri A. DeMonico, as a paralegal, at the rate of $ per hour. In order for paralegal services to be awarded, it must be demonstrated that the services provided are non-clerical, meaningful legal work performed under the supervision of an attorney. Estes and Alderman v. Lido of Pinellas Condominium Association, Inc., Arb. Case No. 95-2

3 0421F, Final Order on Attorney s Fees (May 31, 1995). In the instant case, the petitioner submitted Ms. DeMonico s curriculum vitae, citing her educational and professional background, photocopies of her degrees and a pleading stating that her paralegal services were supervised by three (3) attorneys. According to Ms. DeMonico s curriculum vitae, she is employed in the areas of certified court transcribing, legal document preparation and paralegal services. However, she is not employed, as a paralegal or otherwise, by a licensed attorney or law firm. Under Lido, paralegal services are only awarded where such work is supervised by an attorney. The pleadings submitted by the petitioner simply state that Ms. DeMonico s services were supervised by three attorneys. However, no documentation was provided in support of this contention. A simple statement contained in a supplemental filing, without corroborating evidence, does not establish that Ms. DeMonico s services were in fact supervised by a licensed attorney. Moreover, Ms. DeMonico s billing statement fails to identify a single entry which indicates that she conferred with an attorney or sought supervision from an attorney for the work or legal research that she performed on behalf of the petitioner. Appropriate supervision typically requires an attorney to file a notice of appearance in the matter and to sign the documents prepared by the paralegal. As there is no evidence of this, and the petitioner has failed to establish the requirements set forth in Lido, compensation for services provided by Ms. DeMonico as a paralegal cannot be awarded. However, as a pro se litigant, the petitioner is eligible to be awarded a reasonable fee for document preparation/typist 3

4 services provided by Ms. DeMonico. After researching rates charged by several companies that offer typing and/or transcribing services for preparing legal documents, the typical fee charged was $4.00 per page. Upon reviewing the pleadings submitted in this proceeding, approximately 65 pages of typed documents were prepared by Ms. DeMonico and filed by the petitioner. Accordingly, at the rate of $4.00 per page, the petitioner is awarded $ for Ms. DeMonico s services. Petitioner also seeks to recover for costs in the amounts of: $ for mileage, $56.88 for office supplies, $11.06 for photocopy charges, $22.20 for certified mailing fees and $50.00 for the arbitration filing fee. While many of these costs are typically not awarded, it is based upon factoring the costs into an attorney s hourly rate. Since the petitioner was not represented by an attorney in this proceeding, this rational does not apply and most of the costs will be awarded. Accordingly, the charges for office supplies, photocopies, certified mailing and the arbitration filing fee are reasonable costs which are awarded, totaling $ However, mileage charges for traveling to and from a legal advising office and the post office are not awarded. It is therefore ORDERED: 1. The motion for attorney s fees and costs is GRANTED, in part. 2. Within thirty (30) days of the date of entry of this order, Marine Colony Condominium Association, Inc. (respondent/association) shall pay the sum of $ to Robert L. Prawdzik (petitioner/unit owner). 4

5 DONE AND ORDERED this 3 rd day of December 2003, at Tallahassee, Leon County, Florida. Melissa Mnookin, Arbitrator Department of Business and Professional Regulation Arbitration Section Northwood Centre 1940 North Monroe Street Tallahassee, Florida Certificate of Service I hereby certify that a true and correct copy of the foregoing final order has been sent by U.S. Mail to the following persons on this 3 rd day of December 2003: Robert L. Prawdzik 1340 N.E. 28 th Avenue Unit #141 Pompano Beach, Florida Tamar Duffner Shendell, Esq. Shendell & Associates, P.A North Federal Highway Suite 202 Lighthouse Point, Florida Melissa Mnookin, Arbitrator 5