Resolution Trust Corp. v. Hallmark Builders, Inc.

143 F.R.D. 277, 1992 U.S. Dist. LEXIS 20805, 1992 WL 105640
CourtDistrict Court, M.D. Florida
DecidedMarch 13, 1992
DocketNo. 90-581-CIV-ORL-18
StatusPublished
Cited by1 cases

This text of 143 F.R.D. 277 (Resolution Trust Corp. v. Hallmark Builders, Inc.) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Resolution Trust Corp. v. Hallmark Builders, Inc., 143 F.R.D. 277, 1992 U.S. Dist. LEXIS 20805, 1992 WL 105640 (M.D. Fla. 1992).

Opinion

REPORT AND RECOMMENDATION

BAKER, United States Magistrate Judge.

TO THE UNITED STATES DISTRICT COURT:

I. INTRODUCTION

This case is before the Court on a post-judgment motion by the Plaintiff Resolution Trust Corporation (“RTC”) for an award of attorney’s fees. The matter has been referred to the undersigned United Statés Magistrate Judge for the conduct of appropriate proceedings and the preparation of a Report and Recommendation for disposition of the matter.

This case and, in particular, this motion exemplify a disturbing and increasing trend in contemporary litigation: the multiplication of proceedings without due regard for the amount and issues in controversy, followed by disputes over fees which can dwarf the underlying transactions. In many cases, no one is to “blame.”

The plaintiff seeks only to recover what is owed. The defendant exercises its right to raise arguable defenses and take advantage of delays inherent in the system. Clients want their respective positions fully pressed, and attorneys are duty bound to [281]*281be zealous advocates. Statutes and case law are complicated and sufficiently ambiguous to permit extended arguments and successive motions in what should be routine actions. Economic conditions, including the failure or transformation of major financial institutions, add a layer of complexity and can change the rules in mid-litigation. Particularly in a case where fees are to be borne by someone other than the lawyer’s client, it is all too easy for costs and proceedings to expand beyond reason.

Crowded court dockets do not permit active judicial intervention in cases which might otherwise be pruned at an earlier stage. The result, all too often, without anyone having done anything improper under the rules, can be appalling.

A simple suit to collect on a note may take years to resolve and generate fee claims far exceeding the amount of the note. Neither client is well served by this result. The system itself suffers. Attorneys potentially may gain fees but can hardly find such a practice rewarding. Justifiably, the public considers such costs and delays unwarranted or worse. Naturally enough, the attorneys receive the criticism for this result, even though (as noted above) clients are often the driving force behind the expansive scope of the litigation. Fairly deserved or not, this criticism is not healthy for the legal profession. As officers of the court, attorneys must implement their zealous advocacy using a perspective that looks beyond the next motion.

In some cases, where a general principle is at stake or a broader interest is being served, fees far exceeding the amount specifically in controversy may be justified. However, ordinary commercial litigation cannot be conducted without keeping an eye on the complexity and cost of the proceedings. If litigating a $50,000 claim on a note were routinely to generate fees and claims for fees of more than $200,000 collectively, commercial transactions would effectively be unenforceable, and the civil justice system would be a hollow mockery.

II. UNDERLYING CASE

A. Proceedings for Which Fees are Sought

In 1983, Hallmark Builders (“Hallmark”) contracted with Mr. and Mrs. Berger and Mr. and Mrs. Hursey to construct their homes. Hallmark sought financing from Duval Federal Savings and Loan Association (“Duval”). In November 1983, Duval loaned Hallmark $54,000 to build the Bergers’ residence and $49,000 to build the Hurseys’ residence. Hallmark signed a promissory note and construction loan agreement and conveyed a first mortgage to Duval on each parcel of land. Hallmark had six months to pay both notes at a monthly interest rate of twelve-and-one-half percent. Ronald D. Nutt (“Nutt”), president of Hallmark, guaranteed both promissory notes, and Duval disbursed the funds. At the end of the six month period, Hallmark defaulted by failing to make any payments of interest or principal.

In June 1984, Hallmark filed for bankruptcy under chapter 11. In its petition for relief, Hallmark identified Duval as a secured creditor. Also, because the Bergers and the Hurseys refused to purchase the homes, Hallmark brought an adversarial lawsuit against them in bankruptcy court. Hallmark received a judgment against each party.

Under the terms of the final plan of reorganization, Hallmark agreed to pay Duval the outstanding amount on the loans in equal installments over three years. Hallmark, however, never made a payment, and in November 1986, Duval filed suit in state court to foreclose on both mortgages. Duval later amended its complaint to include the guaranties Nutt made on the promissory notes.

Duval then petitioned the bankruptcy court either to dismiss Hallmark from its chapter 11 proceeding, to convert the proceeding to chapter 7, or to enforce the reorganization plan. The court denied Du-val’s motion but granted it the right to file suit in state court to enforce the terms of the plan. Duval amended its complaint and added a count to enforce the provisions of the final reorganization plan. Duval again [282]*282amended the first two counts of its complaint to indicate that Duval had agreed to the sale of the mortgaged properties and to the release of the mortgages in exchange for partial payment of outstanding balances. The first two counts, thereafter, sought recovery only on the underlying notes. The amount due and owing on the first loan was $22,794.89, plus interest. The amount due and owing on the second loan was $8,848.23, plus interest.

In January 1990, the Office of Trust Supervision appointed the Resolution Trust Corporation (“RTC”) as liquidation receiver of Duval. RTC became the plaintiff and counter-defendant in this action and removed the action to this court.

The District Court granted RTC’s Motion for Summary Judgment which resolved, in RTC’s favor, all issues raised by its complaint and Defendants’ counterclaims. A Final Judgment for RTC was entered August 14, 1991, providing that RTC recover from Hallmark and Nutt, jointly and severally, $50,741.22. The Court retained jurisdiction to award RTC its reasonable attorneys fees from Hallmark and Nutt.

RTC filed its Motion for Award of Attorneys Fees September 25, 1991.

B. Basis for Fee Claim

The mortgages, the mortgage notes, and the construction loan agreements at issue in this action provide the legal basis for an award of attorneys fees to RTC. More specifically, paragraph 3 of the mortgages, paragraph 10 of the construction loan agreements, and the unnumbered paragraph in the mortgage notes which states “All parties liable for the payment of this note agree to pay the holder hereof a reasonable attorneys fee for the services of counsel employed after maturity or default to collect this note, or to protect or enforce the security thereof, whether or not suit be brought,” establish RTC’s contractual right to an award of attorneys fees.

ill. APPLICABLE LEGAL STANDARDS

In Norman v. Housing Authority of City of Montgomery, 836 F.2d 1292 (11th Cir.1988) (hereinafter referred to as “Norman’), the Court articulated the proper analysis for determining a reasonable attorney’s fee. For many years, the twelve factors of Johnson v.

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Bluebook (online)
143 F.R.D. 277, 1992 U.S. Dist. LEXIS 20805, 1992 WL 105640, Counsel Stack Legal Research, https://law.counselstack.com/opinion/resolution-trust-corp-v-hallmark-builders-inc-flmd-1992.