I enjoyed a lovely fall visit to the cottage. Isn't it just the best time up there?? I can't think of a better place to be when the leaves change color and the air starts to crisp up. Beautiful.
When I got home, another flurry of legal papers swirled like leaves, racking up more expense, antagonizing again and the plaintiff was pushing hard to get HIS cottage. Keep in mind, money had not been paid, mother was still paying her 1/3 of cottage costs and David wanted not only his cottage but all the money for his legal fees.
Remember when I discussed the pages and pages of his attorney fees? Unreasonable? To say the least.
In our answer (Oct. 14th) to the motion to lift stay, convey property, allocation of costs, distribution of proceeds and payment of attorneys fees....#4. "In answer to the allegations in paragraph 4, defendants admit that the court entered an order on October 29, 2007 granting plaintiff's motion to confirm sale and convey real estate, but found that the actual attorneys fees claimed by plaintiff were unreasonable. The court reduced the attorneys fees to $13,145.41 (from some $23k+)and ordered costs in the amount of $319.64, payable out of the proceeds of the sale. The attorneys fees and costs covered the period from September 14, 2006 through Septemeber 27, 2007 The court also entered an order staying proceedings in order to permit the defendants to file an appeal".
further: #10. "in answer to the allegations in paragraph 10, the court, in its order dated Oct. 29, 2007, has already ruled on plaintiff's invoices dating from September 14, 2006 through September 27, 2007 and held that they were unreasonable. The court reduced these attorneys fees to $13,145.41. In regard to the invoices from September 27, 2007 through August 28, 2008, approximately 10 1/2 hours were devoted to plaintiff's counsel representing co-defendant, Stuart deGeus, in a dispute with his sister and co-defendant, Katrina Jenkins. This would not be an expense incurred by plaintiff in the partition process. Further, plaintiff charged 4 1/4 hours to prepare the 2 1/4 page motion to confirm sale, convey real estate, and payment of costs and expenses and 4 hours to prepare the 3 1/2 page motion to conform to the Court of appeals order. Defendant's efforts to appeal the case at this stage of the litigation is to avoid unnecessary additional legal expenses and to promote judicial economy. If the Court of Appeals were to rule contrary to the trial court's order after the property were transferred to plaintiff and the procceds distributed among the parties, the defendants would suffer irreparable harm and would place this court in the position of having to judicially undo the sale and marshal the funds that had been distributed".
You have no idea how aggravating this whole procedure was. It was a big move on the side of the judge to reduce Phil's charges by the amount that he did. They usually won't touch the fees with a big stick. No way. But, we celebrated a small victory whenever we got one, and enjoyed a good laugh at Phil's attempt (or David's) to gouge.