STATE OF FLORIDA DEPARTMENT OF BUSINESS AND …

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

IN RE: PETITION FOR ARBITRATION

Sunnybrook Condominium Association, Inc.,

Petitioner,

v.

Fee Case No. 2013-01-4671

Rel. Case No. 2013-00-1871

Lonna L. Peterman, Respondent.

______________________________________/

FINAL ORDER ON PETITIONER'S MOTION FOR ATTORNEY'S FEES AND COSTS

On April 1, 2013, Sunnybrook Condominium Association, Inc. (the Association), the

legal entity responsible for the operation of the Sunnybrook Condominium located in

Pinellas County, Florida, moved for an award of $915.00 in attorney's fees and costs. By

order entered on April 2, 2013, Lonna L. Peterman (Respondent) was directed to file a

response within twenty (20) days of the date of the Order. As of the date of this Final

Order, Respondent has not filed any response or communication. This Final Order is

entered accordingly.

Findings

This fees case arises from arbitration case number 2013-00-1871. In the

underlying case, the Association alleged, in pertinent part, that Respondent was in

violation of Section 22 of the Declaration of Condominium by allowing foul and offensive

odors to emanate from the unit thereby negatively affecting the rights of the other unit

owners. On March 8, 2013, a Summary Final Order was entered in the underlying case

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granting the Association its requested relief by requiring Respondent to: thoroughly clean and sanitize her unit; hire a pest control company to treat the interior of the unit; maintain her unit in a clean and sanitary manner; and on a monthly basis for up to two (2) years, permit access to her unit by the Association's designated representative(s) to inspect the condition of Respondent's unit.

Conclusions A. Prevailing Party 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)). The Association has prevailed, therefore the Association is entitled to recover its reasonable attorney's fees and costs. B. Attorney's Fees 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.

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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. In determining the reasonableness of attorney's fees, the criteria set forth in Rule 4-1.5, Rules Regulating the Florida Bar, Rules of Professional Conduct [then Disciplinary Rule 2-106(b) of the Florida Bar Code of Professional Responsibility] should be applied. Id. at 1150. The factors for determining a reasonable attorney's fee set forth in Rule 4-1.5 are basically the same as the factors set forth in Rule 61B-45.048, Florida Administrative Code.

1. Hourly Rate The Association seeks compensation for the legal services Tiffany A. Grant, Esq. at the rate of $220.00 to $225.00 per hour. While the case was pending, Attorney Grant had been practicing law in Florida for five (5) years.1 After considering the above factors, the undersigned finds that a rate of $185.00 per hour for all the work is reasonable for Attorney Grant and falls within the range of fees charged in the locality for similar legal services. See, e.g., East Lake Woodlands Woodlake Run Condo. Ass'n, Inc. v. Defalco, Arb. Fee Case No. 2010-05-7073. Final Order on Motion for Attorney's and Costs (Dec. 15, 2010).

2. Attorney Hours The Association claims a total of 3.7 hours of attorney time. The number of hours expended is reasonable. Therefore, $684.50 in attorney's fees will be awarded.2

1 The website for the Florida Bar shows Attorney Grant was admitted to practice in Florida in August 2007. 2 3.7 hours @ $185.00 per hour = $684.50

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C. Costs

The Association seeks recovery of the $50.00 filing fee and $45.00 for personal

service on Respondent. The filing fee is a recoverable cost and will be awarded.

Counsel preemptively served Respondent personally without an Order from the arbitrator to do so.3 Because personal service was not ordered by the arbitrator, it is not

a taxable cost. 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 (Jan. 26, 2001); Mitchell v. Osceola Farms Co., 574 So. 2d 1162 (Fla.

4th DCA 1991); Griffith v. Griffith, 941 So. 2d 1285 (Fla. 4th DCA 2006).

Based upon the foregoing, it is ORDERED:

Within thirty (30) days of the date of this Final Order, Respondent shall reimburse

the Association's attorney's fees and costs in the total amount of $734.50. DONE AND ORDERED this 29th day of April, 2013, at Tallahassee, Leon County,

Florida.

_________________________________ Glenn Lang, Arbitrator Department of Business and Professional Regulation Arbitration Section 1940 North Monroe Street Tallahassee, Florida 32399-1030 Section Telephone: 850-414-6867 Section Facsimile: 850-487-0870

3 For Label Number 70070220000053174059, the website of the United States Postal Service shows certified mail notice was left for the packet on January 18, 2013 and January 23, 2013, and the packet as Unclaimed on February 5, 2013. The packet was returned to the Division as Unclaimed on February 20, 2013. The Return of Service filed by the Association shows Respondent was served personally on January 29, 2013.

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Trial de Novo

This decision shall be binding on the parties unless a complaint for trial de novo is filed in accordance with section 718.1255, Florida Statutes.

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 29th day of April 2013:

Tiffany A. Grant, Esq. Joseph R. Cianfrone, P.A. 1964 Bayshore Boulevard Suite A Dunedin, Florida 34698 Attorneys for Petitioner

Lonna L. Peterman 4916 Sunnybrook Drive Unit 23 New Port Richey, Florida 34653 Respondent

__________________________ Glenn Lang, Arbitrator

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