2777 LLC v. Marilyn Black Dussault et al. (2011)

MEMORANDUM OF DECISION RE MOTION TO MODIFY PREJUDGMENT REMEDY (# 122.00)

A prejudgment remedy in this case was granted by Judge Grogins in the sum of $29,000.00.   At that time the attorneys fees were $2,000.00.   Based on Judge Grogins decision of probable cause, this court finds that probable cause continues.   Attorneys fees are provided for in Exhibit 2. The attorneys fees have increased from approximately $2,000.00 to approximately $20,000.00 or an $18,000.00 increase.   The court finds that the prejudgment remedy should be modified upward.   The indication was that the actual claim now is approximately $44,613.00.   Accordingly, the court increases the prejudgment attachment to the sum of $45,000.00.

The defendant is a resident of Florida, and did not appear to testify in opposition to this case.   Her lawyer was there and objected.   The affidavit of attorneys fees was made a full Exhibit, Exhibit 1, and the Lease was made a full Exhibit, Exhibit 2.

SO ORDERED.

EDWARD R. KARAZIN, JR.

JUDGE TRIAL REFEREE

Karazin, Edward R., J.T.R.