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Filing # 72748355 E-Filed 05/29/2018 12:15:14 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL
CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
MIDWESTONE BANK, an Iowa Banking
Corporation, authorized to do business in Florida,
Successor by Merger to Central Bank Southwest
Florida,
Plaintiff, Case No.: 17-CA-2186
v.
CAROLE H. SMITH, UNKNOWN SPOUSE OF
CAROLE H, SMITH, FIFTH THIRD MORTGAGE
COMPANY, UNKNOWN SPOUSE OF DONNA
LENSKI, UNKNOWN TENANT IN POSSESSION #1,
UNKNOWN TENANT IN POSSESSION #2,
AND ALL OTHERS WHOM IT MAY CONGERN,
Defendants,
/
AFFIDAVIT OF DISINTERESTED ATTORNEY AS TO FEES
STATE OF FLORIDA. )
)ss.
COUNTY OF COLLIER )
BEFORE ME, the undersigned authority, did personally appear Christopher O’Connell,
who, after being duly cautioned and sworn by me, upon his oath, deposes and says
1 I, Christopher ‘O’Connell, the undersigned attorney, do heveby state an oath as
follows:
2, Tam a practicing attorney in Collier County, Florida, and am a member of The
Flotida Bar, and in my professional practice have had experience in civil litigation, including
foreclosure work.
FILED: COLLIER COUNTY, DWIGHT E. BROCK, CLERK, 05/29/2018 12:56:03 PM3. Tam familiar with the amount customarily charged by attorneys and allowed by
the Courts for attorney’s fees in association with foreclosure litigation.
4, Tam familiar with Rule 4-1.5(b) of the Rules Regulating the Florida Bar, and have
taken into account the factors set forth in such Rule for the determination of reasonable
attorneys’ fees.
5. In arriving at my opinion of the value of reasonable attorneys’ fees in this matter I
have consideréd the following criteria:
a. The time and labor required, the novelty, complexity and difficulty of the
questions involved, and the skill requisite to perform the legal services properly.
b. The likelihood that acceptance of the particular employment will preclude
other employment for the lawyer.
c The fee or rate of fee customarily charged in the locality for services of a
comparable or similar nature, including the aspect of discounted fees.
d. The amount involved and the result to be obtained.
& The time limitations imposed by the client or the circumstances.
f. The nature and length of the professional relationship with the client.
g The experience, reputation and the ability of the lawyers performing the
services, and
h. Whether the fee is fixed or contingent.
6. T have reviewed the timesheets involved in this matter and 1 am familiar with the
fee arrangement between MidWestOne Bank and Treiser Collins. 1 am familiar with the specific
steps and requirements that the Firm must complete with respect to a foreclosure to its
conclusion. This knowledge, together with an understanding of the hourly fee arrangement leads
nNme to the opinion, the amount of $7,915.00 for 39.20 hours would be a reasonable attomney’s fee
to be allowed Bradley S. Donnelly for his services in this action.
FURTHER AFFIANT SAYETH NAUGHT.
Dated this day of May, 2018.
(Autti de, 6 Grrl
Christopher O’Connell
SWORN TO AND SUBSCRIBED to before me this zy day of May, 2018, by
Christopher O’Connell, Esq., who is personally known to me and who did take an oath.
oo
At lo
Notaty Public
LINDA M, FOX
MY COMMISSION ¢ FF 144893
EXPIRES: October 30, 2018
Bonded Thru Neary Public Underwiter,
NOTARY SEAL
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true copy of the above and foregoing was forwarded by
Electronic Mail to: Pamela Stewart, Esq., Stewart Law Firm, PLC, P.O. Box 25, Naples,
Florida 34106; and First Class U.S. Mail to: Unknown Tenant in Possession #1, n/k/a Elise
Oliveri, 4121 Pine Ridge Road, Naples, Florida 34110; and Unknown Tenant in Possession #2,
n/k/a Gaspare Oliveri, 4121 Pine Ridge Road, Naples, Florida 34110; and, on this 29 “tay of
May, 2018.
TREISER COLLINS, P.L.
Attorneys for Plainti;
By:
Bradley S. Donnelly, Esq.
Florida Bar No.: 0530239
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Filing # 72748355 E-Filed 05/29/2018 12:15:14 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION MIDWESTONE BANK, an Iowa Banking Corporation, authorized to do business in Florida, Successor by Merger to Central Bank Southwest Florida, Plaintiff, Case No.: 17-CA-2186 v. CAROLE H. SMITH, UNKNOWN SPOUSE OF CAROLE H, SMITH, FIFTH THIRD MORTGAGE COMPANY, UNKNOWN SPOUSE OF DONNA LENSKI, UNKNOWN TENANT IN POSSESSION #1, UNKNOWN TENANT IN POSSESSION #2, AND ALL OTHERS WHOM IT MAY CONGERN, Defendants, / AFFIDAVIT OF DISINTERESTED ATTORNEY AS TO FEES STATE OF FLORIDA. ) )ss. COUNTY OF COLLIER ) BEFORE ME, the undersigned authority, did personally appear Christopher O’Connell, who, after being duly cautioned and sworn by me, upon his oath, deposes and says 1 I, Christopher ‘O’Connell, the undersigned attorney, do heveby state an oath as follows: 2, Tam a practicing attorney in Collier County, Florida, and am a member of The Flotida Bar, and in my professional practice have had experience in civil litigation, including foreclosure work. FILED: COLLIER COUNTY, DWIGHT E. BROCK, CLERK, 05/29/2018 12:56:03 PM3. Tam familiar with the amount customarily charged by attorneys and allowed by the Courts for attorney’s fees in association with foreclosure litigation. 4, Tam familiar with Rule 4-1.5(b) of the Rules Regulating the Florida Bar, and have taken into account the factors set forth in such Rule for the determination of reasonable attorneys’ fees. 5. In arriving at my opinion of the value of reasonable attorneys’ fees in this matter I have consideréd the following criteria: a. The time and labor required, the novelty, complexity and difficulty of the questions involved, and the skill requisite to perform the legal services properly. b. The likelihood that acceptance of the particular employment will preclude other employment for the lawyer. c The fee or rate of fee customarily charged in the locality for services of a comparable or similar nature, including the aspect of discounted fees. d. The amount involved and the result to be obtained. & The time limitations imposed by the client or the circumstances. f. The nature and length of the professional relationship with the client. g The experience, reputation and the ability of the lawyers performing the services, and h. Whether the fee is fixed or contingent. 6. T have reviewed the timesheets involved in this matter and 1 am familiar with the fee arrangement between MidWestOne Bank and Treiser Collins. 1 am familiar with the specific steps and requirements that the Firm must complete with respect to a foreclosure to its conclusion. This knowledge, together with an understanding of the hourly fee arrangement leads nNme to the opinion, the amount of $7,915.00 for 39.20 hours would be a reasonable attomney’s fee to be allowed Bradley S. Donnelly for his services in this action. FURTHER AFFIANT SAYETH NAUGHT. Dated this day of May, 2018. (Autti de, 6 Grrl Christopher O’Connell SWORN TO AND SUBSCRIBED to before me this zy day of May, 2018, by Christopher O’Connell, Esq., who is personally known to me and who did take an oath. oo At lo Notaty Public LINDA M, FOX MY COMMISSION ¢ FF 144893 EXPIRES: October 30, 2018 Bonded Thru Neary Public Underwiter, NOTARY SEAL CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true copy of the above and foregoing was forwarded by Electronic Mail to: Pamela Stewart, Esq., Stewart Law Firm, PLC, P.O. Box 25, Naples, Florida 34106; and First Class U.S. Mail to: Unknown Tenant in Possession #1, n/k/a Elise Oliveri, 4121 Pine Ridge Road, Naples, Florida 34110; and Unknown Tenant in Possession #2, n/k/a Gaspare Oliveri, 4121 Pine Ridge Road, Naples, Florida 34110; and, on this 29 “tay of May, 2018. TREISER COLLINS, P.L. Attorneys for Plainti; By: Bradley S. Donnelly, Esq. Florida Bar No.: 0530239