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

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1 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES IN RE: PETITION FOR ARBITRATION Milagrosa D Jesus Guerra, Petitioner, v. Fee Case No Rel. Case No Friendly Corner Association, Inc., Respondent. / FINAL ORDER ON MOTION FOR ATTORNEY S FEES AND COSTS Comes now, the undersigned arbitrator, and enters this final order as follows: On March 2, 2005, Milagrosa D Jesus Guerra (the petitioner) moved for an award of $4, in attorney s fees and $98.20 in costs, totaling $4, On March 17, 2005, the undersigned issued an order permitting the association to file a response to the petitioner s motion. As of the date of this order, the association has not filed a response. This fees case arises from arbitration case number A final order on default was entered in the underlying case finding that the association had violated the Florida Statutes and the condominium documents as alleged in the petition and granting the relief requested by the petitioner. 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 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 1

2 (Fla. 1992) (citing Hensley v. Eckerhart, 461 U.S. 424, 433 (1983)). In the underlying case, the arbitrator found that the respondents had committed the violations as alleged by the petitioner and granted the relief requested. Therefore, the petitioner is the prevailing party. The next issue to be decided is the reasonableness of the attorney s fees and costs claimed by the association. 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 services 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 The petitioner seeks compensation for the services of Roniel Rodriguez, IV, Esquire, at the rate of $ an hour. Mr. Rodriguez was admitted to the Florida Bar in April The requested rate exceeds the amount customarily awarded for representation in similar arbitration proceedings by attorneys with similar experience. 1 A reasonable rate is $ per hour. Therefore, the petitioner shall be compensated at the rate of $ per hour for counsel s services. The petitioner requests reimbursement for 18.9 hours of services by legal counsel. These hours include 14.1 hours for drafting and preparation of the petition, reviewing rules, traveling to meet with client, reviewing arbitration case law and 1 The maximum rate awarded in an arbitration cases seldom exceeds $ per hour. Awards in this range are rare and have only been allowed for attorneys who have more than twenty years experience, with an emphasis in association law. 2

3 condominium documents. This amount of time is excessive. Furthermore, an attorney s travel time is typically not allowed, unless there is a showing of a lack of local counsel competent to handle to matter. Centex-Rooney Construction Co., Inc., et al, v. Martin County, Florida, 725 So. 2d 1255, 1261 (Fla. 4th DCA 1999). A reasonable amount of time to research this matter and prepare a petition is seven hours. The requested time also includes 0.9 hours for drafting motion for default and proposed final judgment. As a review of the case file in this matter indicates that the petitioner did not file these pleadings, the requested time will not be allowed. The undersigned finds that the time of 1.3 hours claimed for drafting notice of filing and reviewing default order is excessive and will reduce the amount to 0.5 hours. The arbitrator finds that the remaining requested hours are reasonable, given the length of the arbitration proceeding. Therefore, the petitioner will be compensated for 10.1 hours of services by its attorney at the rate of $ per hour. The petitioner seeks to recover costs consisting of $25.00 for postage, $23.20 for copies, and $50.00 for the petition filing fee. Costs for photocopies, mail and messenger services are not recoverable, as they are routine overhead expenses that should be incorporated into the attorney s hourly rate. See Barrera, individually and Bleau Fontaine Condo. Number Two, Inc. v. Bleau Fontaine Community Assoc., Inc., Arb. No , Final Order on Attorney s Fees (January 26, 2001). The filing fee is a necessary and reasonable expense and, therefore, is awarded. ACCORDINGLY, IT IS ORDERED: The peititioner is the prevailing party in the underlying case. Within thirty (30) days of the date of this order, the association shall pay to the petitioner $1,817.50, in reimbursement for his attorney s fees and costs incurred in the underlying proceeding. 3

4 Florida. DONE AND ORDERED this 18 th day of April 2005, at Tallahassee, Leon County, James W. Earl, Arbitrator Department of Business and Professional Regulation Arbitration Section 1940 North Monroe Street Tallahassee, Florida RIGHT TO TRIAL DE NOVO Pursuant to section , Florida Statutes, this decision shall be binding on the parties unless a complaint for trial de novo is filed by an adversely affected party in a court of competent jurisdiction in the circuit in which the condominium is located within 30 days of the date of mailing of this order. This final order does not constitute final agency action and is not appealable to the district courts of appeal. 4

5 CERTIFICATE OF MAILING I hereby certify that a true and correct copy of the foregoing was mailed by U.S. mail this 18 th day of April 2005 to: Roneil Rodriguez, IV, Esq. Alvarez, Eljaiek & Rodriguez, P.L South Bayshore Drive Suite 600 Coconut Grove, Florida Friendly Corner Association, Inc. Salvatore Moltisanti, President/ Registered Agent th Street Apartment 940-D Miami Beach, Florida James W. Earl. Arbitrator 5