Durden v. CITICORP TRUST BANK, FSB
763 F. Supp. 2d 1299
M.D. Fla.2011Background
- Plaintiff M. Gibson Durden sued Citicorp Trust Bank, FSB in Florida state court; case removed to MD Fla. and assigned to Judge Howard.
- Plaintiff alleged FSIPA violations, breach of fiduciary duty/breach of trust, negligence, negligent misrepresentation, fraud in the inducement, and unjust enrichment.
- Court granted in part and denied in part Defendant's motion to dismiss; later summary judgment disposed of several claims in Defendant's favor.
- Jury found for Defendant on the remaining breach of fiduciary duty/breach of trust claim; judgment entered for Defendant on counts related to FSIPA and fraud claims.
- Defendant moved for attorneys’ fees under Florida Statutes section 517.211(6) for defense of the FSIPA claim and related fraud claims; fee amount sought was $85,350.25.
- Court awarded a reduced attorneys’ fees amount of $61,452.18 after applying lodestar analysis and cross-cutting reductions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Defendant may recover fees for FSIPA defense | Durden argues fees would be unjust given resources and merit of claims | Fees are authorized for prevailing party under FSIPA; fraud claims intertwined justify scope | Fees awarded for FSIPA defense; not unjust as to overall entitlement |
| Scope of fee award for interrelated fraud claims | Only FSIPA should be compensable; interrelated claims not justify full recovery | Non-FSIPA fraud claims were intertwined; some time recoverable | Fees recoverable for FSIPA and proportionally for interrelated fraud claims |
| Reasonableness of the award (lodestar) | Award too high; billing excessive and duplicative | Hours billed reasonable given complexity; reductions applied | Award reduced to $61,452.18 via lodestar, cross-cut reductions |
Key Cases Cited
- Trans Coastal Roofing Co., Inc. v. David Boland Inc., 309 F.3d 758 (11th Cir. 2002) (choice of law governs fee awards in diversity cases; Florida law applies to FSIPA fees)
- Prime Ins. Syndicate, Inc. v. B.J. Handley Trucking, Inc., 363 F.3d 1089 (11th Cir. 2004) (fee shifting in contract/diversity cases; consideration of related claims)
- Golub v. J.W. Gant & Assocs., 863 F.2d 1516 (11th Cir. 1989) (fee awards under Florida §517.211(6); prevailing party entitled unless unjust)
- Loranger v. Stierheim, 10 F.3d 776 (11th Cir. 1994) (burden on attorney to allocate fees between compensable and noncompensable work)
- Bivins v. Wrap It Up, Inc., 548 F.3d 1348 (11th Cir. 2008) (across-the-board cut reasonable when time entries are opaque)
- Norman v. Housing Auth. of Montgomery, 836 F.2d 1292 (11th Cir. 1988) (lodestar method for reasonable attorney’s fees)