STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES IN RE: PETITION FOR ARBITRATION Village Towers Condominium Association, Inc., Petitioner, v. Fee Case No. 2004-03-4931 Rel. Case No. 2003-09-4882 Martyn Buchwald and Karen Buchwald, Respondents. / follows: FINAL ORDER ON MOTION FOR ATTORNEY S FEES AND COSTS Comes now, the undersigned arbitrator, and enters this final order as On June 30, 2004, Village Towers Condominium Association, Inc. (petitioner/association) moved for an award of $1,395.00 for attorney s fees and $202.11 for costs totaling $1,597.11. On July 2, 2004, the arbitrator issued an order permitting response. As of the date of this order, the respondents have not filed a response. This fee case arises from arbitration case number 2003-09-4882. In the underlying case, the association alleged that the respondents were maintaining a dog in their unit in violation of the condominium documents. On June 30, 2004, the arbitrator entered summary final order finding that the respondents were 1
maintaining a dog in violation of the condominium documents and granting the relief requested by the association. Pursuant to Section 718.1255(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 (Fla. 1992) (citing Hensley v. Eckerhart, 461 U.S. 424, 433 (1983)). In the underlying case, the arbitrator found that the respondents had violated the condominium documents and granted the relief requested by the association. Therefore, the association is the prevailing party and is entitled to recover its attorney s fees and costs. 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 1150-51. 2
The association seeks compensation for the legal services of Robert L. Tankel, Esq., at the rate of $225.00 per hour. Mr. Tankel has been practicing law since 1981. This amount does not exceed the amount customarily awarded for representation Therefore, the association shall be compensated at the rate of $225.00 per hour for counsel s services. The association seeks reimbursement for 6.20 hours of services by its legal counsel. The undersigned finds that these activities were reasonable and necessary expenditures of time in litigating the underlying arbitration case. Accordingly, the association will be compensated for 6.20 hours of services by counsel at a rate of $200.00 per hour. The association seeks recovery of costs consisting of $97.00 for copies, $10.11 for postage, $45.00 for service of process, and $50.00 for the arbitration filing fee. The costs of photocopies and postage are not recoverable as they are routine overhead expenses that should be incorporated in the attorney s hourly rate. See Barrera, individually and Bleau Fontaine Condo. Number Two, Inc. v. Bleau Fontaine Community Assoc., Inc., Arb. Case No. 01-2223, Final Order on Attorney s Fees (January 26, 2001). As the arbitrator directed the association to serve the respondents, the related costs are recoverable. The cost of the filing fee is also awardable. Therefore, the association is awarded $95.00 in costs. Accordingly, it is ORDERED that the respondents, Martyn Buchwald and Karen Buchwald, shall pay $1,490.00 to the association in reimbursement of its attorney s fees and costs within thirty (30) days of the date of this order. 3
DONE AND ORDERED this 16 th day of August 2004, at Tallahassee, Leon County, Florida. James W. Earl, Arbitrator Arbitration Section Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1029 RIGHT TO TRIAL DE NOVO PURSUANT TO SECTION 718.1255, 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
CERTIFICATE OF MAILING I hereby certify that a true and correct copy of the foregoing was mailed by U.S. mail, postage prepaid, this 16 th day of August 2004 to: Robert L. Tankel, Esq. Robert L. Tankel, P.A. 1022 Main Street Suite D Dunedin, Florida 34698 Martyn Buchwald Karen Buchwald 13612 South Village Drive Unit 304 Tampa, Florida 33624 James W. Earl 5