Preview
CIRCUIT COURT, FIFTEENTH JUDICIAL
CIRCUIT, PALM BEACH COUNTY,
FLORIDA.
Case No.: 502008CA002236XXXXMB )
DANIEL J. SHEPHERD and JOHN FARINA, CO-
TRUSTEES, 7
2
Plaintiffs, 2
v. A
&
MARK SKEFFINGTON,
zB
Defendant./ Ly
a
MOTION FOR SUMMARY JUDGMENT 2
Plaintiff, DANIEL J. SHEPHERD and JOHN FARINA, CO-TRUSTEES, by and through its
undersigned attorney, moves the Court to enter summary judgment against defendant, MARK
SKEFFINGTON, and states:
1. Default was entered on February 28, 2008 against Defendant.
2. The Defendant, MARK SKEFFINGTON, was served with Request for Admissions
along with the Complaint. Those Request for Admissions were never answered and under Rule
1.370 the Request for Admissions are all deemed admitted.
3. Attached hereto and made a part hereof are the following:
a) Affidavit of plaintiff
b) Affidavit of costs
c) Affidavit for attorneys fees
4. There are no genuine issues as to any material fact and that plaintiff is entitled
to a summary judgment as a matter of law, as shown by the following:
a) Pleadings on file
b) Affidavits
5. Plaintiff is entitled to a summary judgment against defendant based upon the
grounds that its claim on the common counts is established by the complaint and exhibits thereto
and the affidavits filed in support of this motion. These documents establish evidentially the unpaidand the affidavits filed in support of this motion. These documents establish evidentially the unpaid
balance owing plaintiff by defendant.
WHEREFORE, piaintiff, DANIEL J. SHEPHERD and JOHN FARINA, CO-TRUSTEES,
prays that this Honorable Court enter its summary judgment against defendant, MARK
SKEFFINGTON, for principal, court costs, prejudgment interest, and attorney's fees.
| HEREBY CERTIFY that a true and correct copy of the foregoing was delivered by U.S.
Mail on September 4, 2008, to: Mark Skeffington, 2766 Danforth Terrace, Wellington, Florida
33414.
Dated: September 4, 2008.
LAW OFFICES OF RICHARD S. COHEN, LLC
A
By: 2
RICHARD S. COHEN, ESQ.
Attorney for Plaintiff
Fla. Bar No. 329983
1806 Old Okeechobee Road
West Palm Beach, Florida 33409
Phone: 561-684-7701; Fax:561-615-6265
E-Mail: rscohenesq@aol.com98/28/2088 11:38 5616156265 RICHARD COHEN LLC PAGE 62/03
CIRCUIT COURT, FIFTEENTH JUDICIAL
CIRCUIT, PALM BEACH COUNTY, FLORIDA.
Case No.: 502008CA002236XXXXMB
DANIEL J. SHEPHERD and JOHN FARINA, CO-
TRUSTEES,
Plaintiffs,
ve
MARK SKEFFINGTON,
Defendant!
AFFIDAVIT
STATE OF FLORIDA )
COUNTY OF PALM BEACH } aa
BEFORE ME, the undersigned authority, personally appeared JOHN LUTZON, who, being first duly
swom under oath, deposes and says:
4. | am the authorized agent for Plaintiff in the above-captioned matter and as such have
personal knowledge as to all matters set forth herein,
2. Plaintiffs, DANIEL J. SHEPHERD and JOHN FARINA, CO-TRUSTEES, were appointed
interim successor Co-Trustees for the land trusts, owner of the real property described below, by court order
on September 24, 2007. to replace FRED KELLER, TRUSTEE (Plaintiffs’ Predecessor), who died on August
22, 2007.
3. Defendant, MARK SKEFFINGTON , is over the age of 18 years and a resident of Palm Beach
County, Florida.
4. Plaintiffs are the Co-Trustees for the land trusts, owner of the following described real
property located in Palm Beach County, Florida, to wit:
6831 N. Military Trail, West Palm Beach, Florida, 33407 (located inside the
city limits of Riviera Beach (the "Premises”).
5. On August 7. 2006, Plaintiffs’ Predecessor and Defendant entered into a written Business
Lease (the "Lease”) for the use of the Premises and to pay rent. A copy of the Lease is attached hereto as
Composite Exhibit "A" and incorporated herein by reference.
6. Defendant has possession of the Premises under the Lease has agreed to pay present rent
in the amount of $16,800.00, plus sales tax of $1,092.00, per month for a total of $17,892.00.
7. Defendant has failed to make the rental payments due January 1, 2008 through August 31,
2008, the lease expiration, together with the late charges and penalties due Plaintiff under the Lease.
8. On January 8, 2008, Plaintiffs’ Predecessor served Defendant with a Notice of Rent /
Additional Rent Default pursuant to Chapter 83, Florida Statutes demanding Defendant pay rent and additional
rent in the amount of $29,838.72, or vacate the Premises. A copy of Plaintiff's notice is attached hereto as
Exhibit "8."98/28/2088 11:38 5616156265 RICHARD COHEN LLC PAGE 63/63
9. Under the provisions of the Lease, the term thereof runs for one (1) year and contains a
provision for two (2) additional one-year renewal options. The lease expired on August 31, 2008.
10. Under the provisions of the Lease, Defendant was obligated to pay rent and ather charges
on a monthly basis without notice and without setoff or deduction
11. Defendant has breached the Lease by failing to pay rent and other charges due as defined
therein,
12. Defendants’ failure to pay rent constitutes a default as defined under the terms of the Lease,
and Plaintiffs are entitled to, among their other remedies, recover the past due rent and accelerate the rent
for the balance of the lease term, as set forth in paragraph Eighth of the Lease.
13. All conditions precedent to the filing of this action have been met, have occurred, or have
been waived,
14. Plaintiffs have been required to hire the undersigned counsel to represent their interests and
have agreed to pay reasonable attorneys’ fees to prosecute this action.
15, Defendant owes Plaintiff principal in the amount of $150,122.47, late fees in the amount of
$35,784.00, clean out costs in the amount of $5,814.91, outside repairs in the amount of $3,000.00, locksmith
in the amount of $181.05, less Defendant's security deposit of $17,920.00, for a total due Plaintiff of
$176,982.43, plus interest, court costs and reasonable attorney fees as provided under the lease.
FURTHER AFFIANT SAYETH NAUGHT.
DANIEL J. SHEPHERD and JOHN FARINA, CO-
TRUSTEES
utzon, Authorized Aaent//
s
7 =
The foregoing instrument was acknowledged before me this _-> day =
of September 2008, by John Lutzon, the authorized agent of DANIEL J. =
SHEPHARD and JOHN FARINA, CO-TRUSTEES, who is @ ersonally
C1 ¥9s produced the following as identification:
. Torida at Ss
My commission e eile Lyi sete ise S
‘Commission No. 4,10. Srire OS
TT TAKS
( Notary Seal )CIRCUIT COURT, FIFTEENTH JUDICIAL
CIRCUIT, PALM BEACH COUNTY, FLORIDA.
Case No.: 502008CA002236XXXXMB
DANIEL J. SHEPHERD and JOHN FARINA, CO-
TRUSTEES,
Plaintiffs,
ve
MARK SKEFFINGTON,
Defendant./
AFFIDAVIT OF ATTORNEY'S TIME
STATE OF FLORIDA )
) ss.
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, duly authorized to take and administer oaths, personally
appeared RICHARD S. COHEN, who, after being first duly sworn, did depose and state:
1. | am the attorney of record for Plaintiff in the above styled matter, and the fee arrangement
with the client is on an hourly basis at the rate of $200.00 per hour.
2. In this capacity the undersigned has performed the following services on behalf of plaintiff
herein:
Met with client and discussed filing of suit against defendant;
Sent correspondence to defendant;
Prepared complaint;
Prepared final judgment and supporting affidavits for pretrial;
Corresponded with client as to the entry of final judgment against defendant.
eopeaog®e
The total amount of time spent was 5.35 hours. It is anticipated that an additional one (1)
hour will be incurred in completing the representation.
4. All the services for which compensation is requested by attorneys for plaintiff were performed
for or on behalf of plaintiff herein.
FURTHER AFFIANT SAYETH NAUGHT.
ee
RICHARD S. COHEN
The foregoing instrument was acknowledged before me
on September 4, 2008, by RIC| HEN, who is
personally known to ge.
UNE Eteyy
—= WY CoM,
es oe
%
Notary Public, State Ok€lorida ~~ Tay Sy
My Commission Expires:
CSRs
Commission No.:
LOE see
Oo
oT ATS
yw"
Mn
Aaa- 7 e R t Date:
Matter. History Report Report Time: L24PM
Page: lof 3
Requested By: System Administrator
Law Offices of Richard S. Cohen, L.L.C
Client Number: 00742 FRED KELLER, TRUSTEE
Matter Number: SKEFF6831 Keller v. Skeffington - 6831 N. Military
Matter Type: Eviction Billing Mode: Hourly
Dates Included on Report: Q]-17-2008 Thru 09-04-2008
Date Tkpr Description Hours Amount
01/17/2008 RSC __ Preparation of Eviction Complaint and initial 2.50 $500.00
discovery; Preparation of Money Damages
Complaint.
01/28/2008 RSC __ Receipt and review of Return of Service on the 0.40 $80.00
eviction summons.
Receipt and review of Return of Service.
02/03/2008 RSC _ Preparation of Motion for Final Judgment of 1.00 $200.00
Eviction.
02/14/2008 RSC _ Review of file 0.20 $40.00
02/17/2008 RSC __ Receipt of Final Judgment of Eviction. 0.25 $50.00
08/27/2008 RSC _ Preparation of affidavit. 1.00 $200.00
SUMMARY - By Timekeeper
RSC __ Billable Timekeeper Hours & Fees. . 5.35 $1,070.00
Misc. Fee Debits & Credits. .... - $0.00
Total: 5.35 $1,070.00
HARD COSTS
Filng Fee - Circuit Court Complaint $256.00
Filing Fee - Eviction Complaint $80.00
Process Service M Skeffington $36.00
Process Service Mark Skeffington $36.00
writ of possession $70.00° Matter: History Report
Law Offices of Richard S. Cohen, L.L.C
Client Number: 00742
FRED KELLER, TRUSTEE
Matter Number: SKEFF6831 Keller v. Skeffington - 6831 N. Military
Matter Type: Eviction
Dates Included on Report:
Billing Mode: Hourly
01-17-2008 Thru 09-04-2008
Hard Costs SubTotal: $478.00
SOFT COSTS
TELEPHONE, POSTAGE & COPIES: $23.20
TELEPHONE, POSTAGE & COPIES: $11.60
TELEPHONE, POSTAGE & COPIES: $8.00
Soft Costs SubTotal: $42.80
Total Costs: $520.80
Report Date: 09/04/2008
Report Time: 12:24PM
Page: 2of 3
Requested By: System Administrator
Billed Amount
FEES: $1,070.00
HARD COSTS: $478.00
SOFT COSTS: $42.80
TAXES: $0.00
LATE CHARGES: $0.00
TOTALS: $1,590.80
Date of Last Payment: 03/12/2008
Date of Last Bill: 09/02/2008
Payment Amount Amount Due
($870.00) $200.00
($478.00) $0.00
($34.80) $8.00
$0.00 $0.00
$0.00 $0.00
($1,382.80) $208.00CIRCUIT COURT, FIFTEENTH
JUDICIAL CIRCUIT, PALM BEACH
COUNTY, FLORIDA.
Case No.: 502008CA002236XXXXMB
DANIEL J. SHEPHERD and JOHN FARINA,
CO-TRUSTEES,
Plaintiffs,
ve
MARK SKEFFINGTON,
Defendant./
AFFIDAVIT FOR COSTS
STATE OF FLORIDA )
) ss.
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared RICHARD S. COHEN, attorney for
plaintiff herein, who, upon being first duly sworn, deposes and says that plaintiff has expended or will
expend the following sums of costs:
Description Amount
Filing Fee $256.00
Service of Process $36.00
Total: $292.00
FURTHER AFFIANT SAYETH NAUGHT.
RICHARD S. COHEN
The foregoing instrument was acknowledged before me
on September 3, 2008, by RICHARD S. COHEN, who is
personally known to eee
Notary Public, State of Pregida
My Commission Expires:, My a ONS
Commission No.: “ui QF ENGCIRCUIT COURT, FIFTEENTH
JUDICIAL CIRCUIT, PALM BEACH
COUNTY, FLORIDA.
Case No.: 502008CA002236XXXXMB
DANIEL J. SHEPHERD and JOHN FARINA,
CO-TRUSTEES,
Plaintiffs,
v.
MARK SKEFFINGTON,
Defendant./
AFFIDAVIT OF ATTORNEY'S FEES
STATE OF FLORIDA )
)ss.
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, duly authorized to take and administer
oaths, personally appeared Bennett S. Cohn, who, after being first duly sworn, did depose
and state:
1. | am a practicing attorney in Palm Beach County, Florida and have been
engaged in the practice of law for 35 years and am familiar with the fees usually allowed
plaintiffs for the services of their attorneys in suits of the kind and nature in which this
affidavit is to be filed.
2. | have examined plaintiff's file in connection with the above styled action and
have considered the guidelines set forth in Florida Patient's Compensation Fund v. Rowe,
472 So.2d 1145, 1150 (FL 1985), as follows:
a. The time and labor required; the novelty and difficulty of the issues; and the
skill requisite to perform the legal services;
b. The likelihood, if apparent to the client, of the acceptance of this case;
c. The fee customarily charged in the locality for similar legal services;
d. The amount involved and the results obtained;
e. The limitations imposed by the client or by the circumstances;
f. The nature and length of the professional relationship with the client;The experience, reputation and ability of the lawyer or lawyers performing the
services;
h. The customary fees, whether fixed or contingent;
i. Awards in similar cases.
3. In my opinion, plaintiff's attorney time spent of 6.35 hours is reasonable the
rate charged of $200.00/ per hour is customary and reasonable and therefore the fee to
be allowed for the services of said attorneys is $1,270.00.
FURTHER AFFIANT SAYETH NAUGHT.
Ve cee
BENNETT S. COHN
FLA. BAR #141520
The foregoing instrument was acknowledged
before me this 4" day of September, 20
S. COHN, “per:
un,
RSS! COPE,
Notary Public, State of Florida 8
My Commission expires:
Commission No.:
My Comm. Expires “
= danuary 27,2010
No. DD 508526
Aatiiay, “in,
of
ike OF AGS
“Many
Preview
CIRCUIT COURT, FIFTEENTH JUDICIAL CIRCUIT, PALM BEACH COUNTY, FLORIDA. Case No.: 502008CA002236XXXXMB ) DANIEL J. SHEPHERD and JOHN FARINA, CO- TRUSTEES, 7 2 Plaintiffs, 2 v. A & MARK SKEFFINGTON, zB Defendant./ Ly a MOTION FOR SUMMARY JUDGMENT 2 Plaintiff, DANIEL J. SHEPHERD and JOHN FARINA, CO-TRUSTEES, by and through its undersigned attorney, moves the Court to enter summary judgment against defendant, MARK SKEFFINGTON, and states: 1. Default was entered on February 28, 2008 against Defendant. 2. The Defendant, MARK SKEFFINGTON, was served with Request for Admissions along with the Complaint. Those Request for Admissions were never answered and under Rule 1.370 the Request for Admissions are all deemed admitted. 3. Attached hereto and made a part hereof are the following: a) Affidavit of plaintiff b) Affidavit of costs c) Affidavit for attorneys fees 4. There are no genuine issues as to any material fact and that plaintiff is entitled to a summary judgment as a matter of law, as shown by the following: a) Pleadings on file b) Affidavits 5. Plaintiff is entitled to a summary judgment against defendant based upon the grounds that its claim on the common counts is established by the complaint and exhibits thereto and the affidavits filed in support of this motion. These documents establish evidentially the unpaidand the affidavits filed in support of this motion. These documents establish evidentially the unpaid balance owing plaintiff by defendant. WHEREFORE, piaintiff, DANIEL J. SHEPHERD and JOHN FARINA, CO-TRUSTEES, prays that this Honorable Court enter its summary judgment against defendant, MARK SKEFFINGTON, for principal, court costs, prejudgment interest, and attorney's fees. | HEREBY CERTIFY that a true and correct copy of the foregoing was delivered by U.S. Mail on September 4, 2008, to: Mark Skeffington, 2766 Danforth Terrace, Wellington, Florida 33414. Dated: September 4, 2008. LAW OFFICES OF RICHARD S. COHEN, LLC A By: 2 RICHARD S. COHEN, ESQ. Attorney for Plaintiff Fla. Bar No. 329983 1806 Old Okeechobee Road West Palm Beach, Florida 33409 Phone: 561-684-7701; Fax:561-615-6265 E-Mail: rscohenesq@aol.com98/28/2088 11:38 5616156265 RICHARD COHEN LLC PAGE 62/03 CIRCUIT COURT, FIFTEENTH JUDICIAL CIRCUIT, PALM BEACH COUNTY, FLORIDA. Case No.: 502008CA002236XXXXMB DANIEL J. SHEPHERD and JOHN FARINA, CO- TRUSTEES, Plaintiffs, ve MARK SKEFFINGTON, Defendant! AFFIDAVIT STATE OF FLORIDA ) COUNTY OF PALM BEACH } aa BEFORE ME, the undersigned authority, personally appeared JOHN LUTZON, who, being first duly swom under oath, deposes and says: 4. | am the authorized agent for Plaintiff in the above-captioned matter and as such have personal knowledge as to all matters set forth herein, 2. Plaintiffs, DANIEL J. SHEPHERD and JOHN FARINA, CO-TRUSTEES, were appointed interim successor Co-Trustees for the land trusts, owner of the real property described below, by court order on September 24, 2007. to replace FRED KELLER, TRUSTEE (Plaintiffs’ Predecessor), who died on August 22, 2007. 3. Defendant, MARK SKEFFINGTON , is over the age of 18 years and a resident of Palm Beach County, Florida. 4. Plaintiffs are the Co-Trustees for the land trusts, owner of the following described real property located in Palm Beach County, Florida, to wit: 6831 N. Military Trail, West Palm Beach, Florida, 33407 (located inside the city limits of Riviera Beach (the "Premises”). 5. On August 7. 2006, Plaintiffs’ Predecessor and Defendant entered into a written Business Lease (the "Lease”) for the use of the Premises and to pay rent. A copy of the Lease is attached hereto as Composite Exhibit "A" and incorporated herein by reference. 6. Defendant has possession of the Premises under the Lease has agreed to pay present rent in the amount of $16,800.00, plus sales tax of $1,092.00, per month for a total of $17,892.00. 7. Defendant has failed to make the rental payments due January 1, 2008 through August 31, 2008, the lease expiration, together with the late charges and penalties due Plaintiff under the Lease. 8. On January 8, 2008, Plaintiffs’ Predecessor served Defendant with a Notice of Rent / Additional Rent Default pursuant to Chapter 83, Florida Statutes demanding Defendant pay rent and additional rent in the amount of $29,838.72, or vacate the Premises. A copy of Plaintiff's notice is attached hereto as Exhibit "8."98/28/2088 11:38 5616156265 RICHARD COHEN LLC PAGE 63/63 9. Under the provisions of the Lease, the term thereof runs for one (1) year and contains a provision for two (2) additional one-year renewal options. The lease expired on August 31, 2008. 10. Under the provisions of the Lease, Defendant was obligated to pay rent and ather charges on a monthly basis without notice and without setoff or deduction 11. Defendant has breached the Lease by failing to pay rent and other charges due as defined therein, 12. Defendants’ failure to pay rent constitutes a default as defined under the terms of the Lease, and Plaintiffs are entitled to, among their other remedies, recover the past due rent and accelerate the rent for the balance of the lease term, as set forth in paragraph Eighth of the Lease. 13. All conditions precedent to the filing of this action have been met, have occurred, or have been waived, 14. Plaintiffs have been required to hire the undersigned counsel to represent their interests and have agreed to pay reasonable attorneys’ fees to prosecute this action. 15, Defendant owes Plaintiff principal in the amount of $150,122.47, late fees in the amount of $35,784.00, clean out costs in the amount of $5,814.91, outside repairs in the amount of $3,000.00, locksmith in the amount of $181.05, less Defendant's security deposit of $17,920.00, for a total due Plaintiff of $176,982.43, plus interest, court costs and reasonable attorney fees as provided under the lease. FURTHER AFFIANT SAYETH NAUGHT. DANIEL J. SHEPHERD and JOHN FARINA, CO- TRUSTEES utzon, Authorized Aaent// s 7 = The foregoing instrument was acknowledged before me this _-> day = of September 2008, by John Lutzon, the authorized agent of DANIEL J. = SHEPHARD and JOHN FARINA, CO-TRUSTEES, who is @ ersonally C1 ¥9s produced the following as identification: . Torida at Ss My commission e eile Lyi sete ise S ‘Commission No. 4,10. Srire OS TT TAKS ( Notary Seal )CIRCUIT COURT, FIFTEENTH JUDICIAL CIRCUIT, PALM BEACH COUNTY, FLORIDA. Case No.: 502008CA002236XXXXMB DANIEL J. SHEPHERD and JOHN FARINA, CO- TRUSTEES, Plaintiffs, ve MARK SKEFFINGTON, Defendant./ AFFIDAVIT OF ATTORNEY'S TIME STATE OF FLORIDA ) ) ss. COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, duly authorized to take and administer oaths, personally appeared RICHARD S. COHEN, who, after being first duly sworn, did depose and state: 1. | am the attorney of record for Plaintiff in the above styled matter, and the fee arrangement with the client is on an hourly basis at the rate of $200.00 per hour. 2. In this capacity the undersigned has performed the following services on behalf of plaintiff herein: Met with client and discussed filing of suit against defendant; Sent correspondence to defendant; Prepared complaint; Prepared final judgment and supporting affidavits for pretrial; Corresponded with client as to the entry of final judgment against defendant. eopeaog®e The total amount of time spent was 5.35 hours. It is anticipated that an additional one (1) hour will be incurred in completing the representation. 4. All the services for which compensation is requested by attorneys for plaintiff were performed for or on behalf of plaintiff herein. FURTHER AFFIANT SAYETH NAUGHT. ee RICHARD S. COHEN The foregoing instrument was acknowledged before me on September 4, 2008, by RIC| HEN, who is personally known to ge. UNE Eteyy —= WY CoM, es oe % Notary Public, State Ok€lorida ~~ Tay Sy My Commission Expires: CSRs Commission No.: LOE see Oo oT ATS yw" Mn Aaa- 7 e R t Date: Matter. History Report Report Time: L24PM Page: lof 3 Requested By: System Administrator Law Offices of Richard S. Cohen, L.L.C Client Number: 00742 FRED KELLER, TRUSTEE Matter Number: SKEFF6831 Keller v. Skeffington - 6831 N. Military Matter Type: Eviction Billing Mode: Hourly Dates Included on Report: Q]-17-2008 Thru 09-04-2008 Date Tkpr Description Hours Amount 01/17/2008 RSC __ Preparation of Eviction Complaint and initial 2.50 $500.00 discovery; Preparation of Money Damages Complaint. 01/28/2008 RSC __ Receipt and review of Return of Service on the 0.40 $80.00 eviction summons. Receipt and review of Return of Service. 02/03/2008 RSC _ Preparation of Motion for Final Judgment of 1.00 $200.00 Eviction. 02/14/2008 RSC _ Review of file 0.20 $40.00 02/17/2008 RSC __ Receipt of Final Judgment of Eviction. 0.25 $50.00 08/27/2008 RSC _ Preparation of affidavit. 1.00 $200.00 SUMMARY - By Timekeeper RSC __ Billable Timekeeper Hours & Fees. . 5.35 $1,070.00 Misc. Fee Debits & Credits. .... - $0.00 Total: 5.35 $1,070.00 HARD COSTS Filng Fee - Circuit Court Complaint $256.00 Filing Fee - Eviction Complaint $80.00 Process Service M Skeffington $36.00 Process Service Mark Skeffington $36.00 writ of possession $70.00° Matter: History Report Law Offices of Richard S. Cohen, L.L.C Client Number: 00742 FRED KELLER, TRUSTEE Matter Number: SKEFF6831 Keller v. Skeffington - 6831 N. Military Matter Type: Eviction Dates Included on Report: Billing Mode: Hourly 01-17-2008 Thru 09-04-2008 Hard Costs SubTotal: $478.00 SOFT COSTS TELEPHONE, POSTAGE & COPIES: $23.20 TELEPHONE, POSTAGE & COPIES: $11.60 TELEPHONE, POSTAGE & COPIES: $8.00 Soft Costs SubTotal: $42.80 Total Costs: $520.80 Report Date: 09/04/2008 Report Time: 12:24PM Page: 2of 3 Requested By: System Administrator Billed Amount FEES: $1,070.00 HARD COSTS: $478.00 SOFT COSTS: $42.80 TAXES: $0.00 LATE CHARGES: $0.00 TOTALS: $1,590.80 Date of Last Payment: 03/12/2008 Date of Last Bill: 09/02/2008 Payment Amount Amount Due ($870.00) $200.00 ($478.00) $0.00 ($34.80) $8.00 $0.00 $0.00 $0.00 $0.00 ($1,382.80) $208.00CIRCUIT COURT, FIFTEENTH JUDICIAL CIRCUIT, PALM BEACH COUNTY, FLORIDA. Case No.: 502008CA002236XXXXMB DANIEL J. SHEPHERD and JOHN FARINA, CO-TRUSTEES, Plaintiffs, ve MARK SKEFFINGTON, Defendant./ AFFIDAVIT FOR COSTS STATE OF FLORIDA ) ) ss. COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared RICHARD S. COHEN, attorney for plaintiff herein, who, upon being first duly sworn, deposes and says that plaintiff has expended or will expend the following sums of costs: Description Amount Filing Fee $256.00 Service of Process $36.00 Total: $292.00 FURTHER AFFIANT SAYETH NAUGHT. RICHARD S. COHEN The foregoing instrument was acknowledged before me on September 3, 2008, by RICHARD S. COHEN, who is personally known to eee Notary Public, State of Pregida My Commission Expires:, My a ONS Commission No.: “ui QF ENGCIRCUIT COURT, FIFTEENTH JUDICIAL CIRCUIT, PALM BEACH COUNTY, FLORIDA. Case No.: 502008CA002236XXXXMB DANIEL J. SHEPHERD and JOHN FARINA, CO-TRUSTEES, Plaintiffs, v. MARK SKEFFINGTON, Defendant./ AFFIDAVIT OF ATTORNEY'S FEES STATE OF FLORIDA ) )ss. COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, duly authorized to take and administer oaths, personally appeared Bennett S. Cohn, who, after being first duly sworn, did depose and state: 1. | am a practicing attorney in Palm Beach County, Florida and have been engaged in the practice of law for 35 years and am familiar with the fees usually allowed plaintiffs for the services of their attorneys in suits of the kind and nature in which this affidavit is to be filed. 2. | have examined plaintiff's file in connection with the above styled action and have considered the guidelines set forth in Florida Patient's Compensation Fund v. Rowe, 472 So.2d 1145, 1150 (FL 1985), as follows: a. The time and labor required; the novelty and difficulty of the issues; and the skill requisite to perform the legal services; b. The likelihood, if apparent to the client, of the acceptance of this case; c. The fee customarily charged in the locality for similar legal services; d. The amount involved and the results obtained; e. The limitations imposed by the client or by the circumstances; f. The nature and length of the professional relationship with the client;The experience, reputation and ability of the lawyer or lawyers performing the services; h. The customary fees, whether fixed or contingent; i. Awards in similar cases. 3. In my opinion, plaintiff's attorney time spent of 6.35 hours is reasonable the rate charged of $200.00/ per hour is customary and reasonable and therefore the fee to be allowed for the services of said attorneys is $1,270.00. FURTHER AFFIANT SAYETH NAUGHT. Ve cee BENNETT S. COHN FLA. BAR #141520 The foregoing instrument was acknowledged before me this 4" day of September, 20 S. COHN, “per: un, RSS! COPE, Notary Public, State of Florida 8 My Commission expires: Commission No.: My Comm. Expires “ = danuary 27,2010 No. DD 508526 Aatiiay, “in, of ike OF AGS “Many