Mid-Continent Casualty Company v. G.R. Construction Management, Inc. et al

Filing 61

ORDER adopting 60 REPORT AND RECOMMENDATIONS re 51 MOTION for Attorney Fees /G.R. Construction Management Inc.'s Verified Motion for Attorney's Fees filed by G.R. Construction Management, Inc. The Report and Recommend ation (Doc. 60 ) is ACCEPTED and ADOPTED and the findings incorporated herein. G.R. Construction Management, Inc.'s Motion for Attorney's Fees (Doc. 51 ) is GRANTED in part and DENIED in part. Defendant G.R. Construction Management, Inc. is awarded $26,825.00 in attorney's fees.The Clerk of Court is DIRECTED to enter an amended judgment awarding Defendant G.R. Construction Management, Inc. $26,825.00 in attorney's fees. Signed by Judge Sheri Polster Chappell on 6/12/2018. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
MID-CONTINENT CASUALTY
COMPANY, a foreign corporation
Plaintiff,
v.

Case No: 2:17-cv-55-FtM-38CM

G.R. CONSTRUCTION
MANAGEMENT, INC. and DANA M.
DICARLO,
Defendants.
/
ORDER1
This matter comes before the Court on United States Magistrate Judge Carol
Mirando’s Report and Recommendation (Doc. 60) on G.R. Construction Management,
Inc.’s Motion for Attorney’s Fees (Doc. 51). Judge Mirando recommends that G.R.’s
Motion be granted in part and G.R. be awarded $26,825.00 in attorney’s fees. (Doc. 60).
No party has objected to the R&R, and the period to do so has lapsed. This matter is ripe
for review.
After conducting a careful and complete review of the findings and
recommendations, a district judge may accept, reject, or modify the magistrate judge's

1

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report and recommendation. See 28 U.S.C. § 636(b)(1); see also Williams v. Wainwright,
681 F.2d 732 (11th Cir. 1982).

In the absence of specific objections, there is no

requirement that a district judge review factual findings de novo, Garvey v. Vaughn, 993
F.2d 776, 779 n.9 (11th Cir. 1993), and the court may accept, reject, or modify, in whole
or in part, the findings and recommendations, 28 U.S.C. § 636(b)(1)(C). The district judge
reviews legal conclusions de novo, even in the absence of an objection. See CooperHouston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994).
After conducting an independent examination of the file and on consideration of
Judge Mirando’s findings and recommendation, the Court accepts the Report and
Recommendation.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. 60) is ACCEPTED and ADOPTED
and the findings incorporated herein.
2. G.R. Construction Management, Inc.’s Motion for Attorney’s Fees (Doc. 51) is
GRANTED in part and DENIED in part.

Defendant G.R. Construction

Management, Inc. is awarded $26,825.00 in attorney’s fees.
3. The Clerk of Court is DIRECTED to enter an amended judgment awarding
Defendant G.R. Construction Management, Inc. $26,825.00 in attorney’s fees.
DONE and ORDERED in Fort Myers, Florida this 12th day of June 2018.

Copies: All Parties of Record

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