Ambient Heating and Cooling LLC v. Shepherd

Opinion

EFiled: Sep 08 2017 10:03AM EDT Transaction ID 61090489

Case No. 9596-MG

COURT OF CHANCERY

OF THE

STATE OF DELAWARE

417 S. State Street

JOSEPH R. SLIGHTS III Dover, Delaware 19901 VICE CHANCELLOR Telephone: (302) 739-4397 Facsimile: (302) 739-6179

Date Submitted: September 1, 2017 Date Decided: September 8, 2017

Daniel McAllister, Esquire James J. Haley, Jr., Esquire Baird, Mandalas & Brockstedt, LLC Ferrara & Haley 6 South State Street 1716 Wawaset Street Dover, DE 19901 Wilmington, DE 19806

Re: Ambient Heating and Cooling LLC v. Shepherd C.A. No. 9596-MG (VCS)

Dear Counsel:

I have reviewed your submissions regarding the attorney’s fee issue. It appears to me that the Master did award attorney’s fees in her Draft Report which she then adopted as her Final Report (with a few designated modifications). The Respondents did not take exception to the award of fees. When Petitioner’s counsel sent the draft final judgment to Respondents’ counsel for comments, the draft order included the award of fees. When asked for his comments on the proposed final order, Respondents’ counsel responded: “[y]our proposed judgment looks accurate to me.” Under these circumstances, I am satisfied that the Master’s award of

Ambient Heating and Cooling LLC v. Shepherd C.A. No. 9596-MG (VCS) September 8, 2017 Page 2

attorney’s fees, as reflected in the Order Entering Final Judgment, should stand. Petitioner’s counsel shall submit his fee application within ten (10) days. Any objection shall be submitted within ten (10) days following receipt of the fee application.

IT IS SO ORDERED.

Very truly yours,

/s/ Joseph R. Slights III