Holovka v. Ocean 4660, LLC et al

Filing 17

ORDER granting 16 Motion for Attorneys' Fees. Please see Order for details. Signed by Judge James I. Cohn on 3/13/2012. (awe)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 11-62456-CIV-COHN/SELTZER
MICHAL HOLOVKA, via Assignment
of Claim from EURO FIRST CHOICE
ENTERPRISES, INC.,
Plaintiff,
v.
OCEAN 4660, LLC, et al.,
Defendants.
________________________________/
ORDER GRANTING MOTION FOR ATTORNEYS’ FEES
THIS CAUSE is before the Court upon Defendant Ocean 4660, LLC’s Motion for
Attorneys’ Fees [DE 16]. The Court has considered the motion, the attached
documentation [DE’s 16-1, 16-2], and the record in this case, and is otherwise fully
advised in the premises. The Court notes that Plaintiff Michal Holovka has not filed a
response and the time for doing so has passed. Additionally, Defendant represents
that one month prior to filing this motion, its counsel submitted a copy of the motion to
Plaintiff, but Plaintiff “has made no attempt to respond, discuss or resolve these issues.”
Mot. at 4; see also Correspondence to Plaintiff [DE 16-2].
In its motion, Defendant seeks fees associated with obtaining a discharge of a lis
pendens filed by Plaintiff as reflected in the Court’s Order Granting Emergency Motion
to Discharge Lis Pendens [DE 12]. Florida Statute § 48.23 entitles Defendant to fees
incurred in obtaining the discharge of a lis pendens. See Fla. Stat. § 48.23(3); S&T
Builders v. Globe Props., Inc., 944 So. 2d 302 (Fla. 2006); see also DiPilato v. Rudd &

Diamond, P.A. et al., Case No. 10-62492, DE 140 at 3-5 (S.D. Fla. filed on Dec. 22,
2010) (holding that a defendant was entitled to fees incurred in obtaining the discharge
of a lis pendens under virtually identical circumstances to those in this case).
Defendant seeks fees in the total amount of $2,138.50, consisting of 9.1 hours of
work at the rate of $235 per hour. Upon review of the motion, each item listed in the
time records [DE 16-1], and the attached correspondence [DE 16-2], the Court finds
that $2,138.50 in fees is reasonable. See also DiPilato, Case No. 10-62492, DE 140 at
6-7 (concluding that $235 per hour is a reasonable rate for Attorney Patrick Dahl, who is
also counsel for Defendant in this case). Accordingly, it is hereby
ORDERED AND ADJUDGED that Defendant Ocean 4660, LLC’s Motion for
Attorneys’ Fees [DE 16] is GRANTED. The Court will enter a separate judgment for
fees.
DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County,
Florida, this 13th day of March, 2012.

Copies provided to:
Counsel of record via CM/ECF
Michal Holovka, pro se, via CM/ECF regular mail

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