II v. Diana Dummond (2011)

MEMORANDUM OF DECISION RE MOTION TO REARGUE

In this matter the Court awarded the plaintiff damages of $4,008.00.   Reference is made to its Memorandum of Decision dated November 18, 2010.

The plaintiff duly filed a Motion to Reargue on the grounds that the Court misapprehended the facts and the evidence when it awarded attorneys fees of $2,608.00 for injunction and hearing in the amount of $2,608 and a collection matter in the amount of $125.

The Court granted the Motion to Reargue, which was heard on January 6, 2011.   Both parties were present and presented argument.

Upon further review of the evidence, the Court concludes it did misapprehend the evidence on the issue of attorneys fees.   In awarding $2,608 in attorneys fees, the amount of $2,608 (exhibit 26) appears to be the final payment made by the Ryefield Condo Association to its counsel.

Exhibit 26 reflects the total billings made by plaintiff's counsel in connection with this case but does not include any billings made subsequent to the proceedings and rulings by Judge Sferrazza.   That is correctly so because this Court ruled in favor of the defendant and therefor there should be no award of attorneys fees for any proceedings before this judge.

Exhibit 26, therefore reflects that Ryefield was billed (and paid) $15,474.39 in attorneys fees (plus $900) for the garage sale as reflected in the original opinion.

This Court, however, questions the reasonableness of the requested attorneys fees.

Counsel billed out at $250 per hour initially, but somewhere along the proceedings increased his rates to $300 per hour, Exhibit 26 does not reflect the number of hours claimed for the total attorneys fees claim of $15,474.39.   Exhibit 28 lists an hourly billing of $300 for the garage transaction, which was the agreed flat rate of $900 in any event.

The Court has a working knowledge of attorneys fees in general in Tolland County.   An hourly rate of $200 would be more typical of local attorneys fees.   But, we do not have hourly time sheets, except for the $900 garage fee, where it is not necessary.

Recognizing that the original case involved an injunction action with a trial, and the defense of an appeal brought by the defendant in that case the Court amends its award of damages to more properly comport to the evidence as follows:

Condo fines imposed $ 375.00

Attorneys fees for papers to effect the garage sale 900.00

(by agreement of counsel)

Attorneys fees in Re injunction hearing and appeal 8,500.00

Total damages $9,775.00

Klaczak, J.T.R.

Klaczak, Lawrence C., J.T.R.