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COUNTRY WIDE HOME LOANS, INC.,
Plaintiff,
VS.
MARK KORNACK; VINTAGE GRAND
CONDOMINIUM ASSOCIATION, INC;
UNKNOWN SPOUSE OF MARK
KORNACK; JOHN DOE; JANE DOE AS
UNKNOWN TENANT (S) IN
POSSESSION OF THE SUBJECT
PROPERTY,
Defendants.
MOTION FOR SUMMARY FINAL JUDGMENT OF FORECLOSURE
IN THE CIRCUIT COURT OF THE
12TH JUDICIAL CIRCUIT, IN AND FOR
SARASOTA COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 2007-CA-007931-NC
Plaintiff, COUNTRYWIDE HOME LOANS, INC., moves the Court for entry of a Summary Final
Judgment of Foreclosure including an award of attorney's fees to Plaintiff on the grounds that Plaintiff is
entitled to such a Final Judgment as a matter of law. The substantial matter of law to be argued is the
priority of the lien of Plaintiffs mortgage over the interest of all other Defendants in the real property
encumbered by said mortgage and Plaintiff's entitlement to an award of attorney’s fees.
In support of this motion, Plaintiff shows the Court:
Plaintiff filed its Complaint to Foreclose a Mortgage on real property located in S
Florida, the legal description of which is set forth in the Complaint.
interests in the encumbered property which are inferior to the lien of said mortgage. Hubbard v
Highland Realty & Inv. Co., 156 So. 322 (Fla. 1934); Campbell v. Werner, 232 So. 2d 252 (Fla.3d
D.C.A. 1970). The provisions of said note and mortgage also provide for an award of attorneys
fees to Plaintiff in the event of the filing of an action for foreclosure.
07-10140
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. wen §
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The provisions of the note and mortgage being sued upon in this action confer upon Plaintiff the
right to accelerate all sums due thereunder upon the default thereof, and the right to foreclose all
The pleadings and exhibits filed herein, as well as Plaintiffs affidavit in support hereof, establish
that Plaintiff's mortgage is a purchase money mortgage or was recorded prior to the recording of
the instruments creating the liens in favor of those Defendants who claim an interest in the real .
YOO34 YOI GIT
\
\
(( iviproperty encumbered by the mortgage. Therefore, any such interest, which may be vested in the
aforesaid Defendants, is subordinate and inferior to the lien of Plaintiff's mortgage. Sarmiento v.
Stockton, Whatley, Davin & Co., Inc., 399 So. 2d 1057 (Fla. 3d DCA 1981), United States v. First
Federal Savings and Loan Association of St. Petersburg, 155 So. 2d 192 (Fla. 2d DCA 1963).
WHEREFORE, Plaintiff respectfully requests this Court grant its Motion for Summary Final Judgment of
Mortgage Foreclosure including an award of attorney's fees and for such further relief as the Court deems
just and proper.
I HEREBY CERTIFY that a true copy of the foregoing Motion for Summary Judgment, and the following
supporting affidavits: Time & Effort, Attorney’s Fees, Indebtedness, Cost were delivered to the parties on
the attached mailing list by Fedex this__ 2 {°7 day of Mp werrbi-3007.
Law Offices of Marshall C. Watson, P.A.
1800 N.W. 49" Street, Suite 120
Fort Lauderdale, Fl 33309
Telephone: (954) 453-0365/1-800-44 1-2438
Facsimile: (954) 771-6052
By: Zo . fo
Tenia Hunter, Esq.
Bar No.: 0016635
07-10140MAILING LIST
Case No.: 2007-CA-00793 1-NC
MARK KORNACK
UNKNOWN SPOUSE OF MARK KORNACK
LAST KNOWN ADDRESS
4036 CROCKERS LAKE BLVD #928
SARASOTA, FL 34238
RICHARD BEC, ESQ.
ATTORNEY FOR VINTAGE GRAND CONDOMINIUM ASSOCIATION, INC.
255 UNIVERSITY DRIVE
CORAL GABLES, FL 33134
JOHN DOE AND JANE DOE
4036 CROCKERS LAKE BLVD #928
SARASOTA, FL 34238
MARK KORNACK
UNKNOWN SPOUSE OF MARK KORNACK
12767 HOLDENBERY LANE
WINDERMERE, FL 34786
07-10140IN THE CIRCUIT COURT OF THE
COUNTRY WIDE HOME LOANS, INC., 12TH JUDICIAL CIRCUIT, IN AND FOR
Plaintiff, SARASOTA COUNTY, FLORIDA
vs. CIVIL DIVISION
MARK KORNACK, et al, CASE NO.: 2007-CA-007931-NC
Defendants.
AFFIDAVIT OF COSTS
STATE OF FLORIDA
COUNTY OF BROWARD
BEFORE me, the undersigned authority, personally appeared
Tenia Hunter, Esq., who being duly sworn, deposes and says:
1. He/She is attorney of record for the Plaintiff in the above styled action and that he/she is
authorized to make this affidavit and makes this Affidavit based on his/her own personal
knowledge.
2. Plaintiff has expended the following costs in the above foreclosure action:
Clerks Filing Fee $ 255.00
Service of Process $ 612.00
Notice of Action $ 450.80
TOTAL § 1,317.80
FURTHER AFFIANT SAYETH NAUGHT
Tenia Hunter
Bar No.: 0016635
st, ROXANA BOYCO
Ee, Notary Public - State of Florida
- My Commission Expires Apr 13, 2010
*¥ Commission # OD 540479
Ҥ OF ea Bonded by National Notary Assn.
7,
fe,
SS
Sworn to a bscribed bef
me, this TM, HV f , 2007
Notary Public, State of
Commissioned Name/of Notary Public ba
Personally known or produced identification
Type of Identification Produced
*
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~
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*
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OS
07-10140IN THE CIRCUTE COGRT OF THI
PITH JGDICIAL CERCUPP. IN AND FOR
SARASOTA COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 2007-CA-00793 1-NC
COUNTRYWIDE HOMIE LOANS. ING.
Plaintlt,
Vs.
MARK KORNACK. et al.
Detendants.
STATI OF 0 oe __. )
© KAS ) SS:
COUNTY OF 200 _COLLIV
BEFORE ME. the undersigned authority, personally appeared = = = M. KELLY MICHIE. who being duly
sworn, deposes and says:
). Affiant is an employee of the servicing agent of the Planuff and is personally familiar with the loan. which is
owned by the Plainuéf and is the subject matter of this achon. Phe informauon hereinafter gtven as to the indebtedness artsing be
virtuc of the execution of the note and mortgage sued upon in Uns action ts contained in the orginal books and records maintained
the ollice of said servicing agent. Affiant has personal knowledge of the books and records of the servicing agent and how they are
Inaintained as thew relate to the mortgage loan owned by Plainuif These books and records include data compilauions of the
payments. including escrow payments and advances made and received on the mortwage loan in quesuon. and are kept in the course
ofa reprdarly conducted business activity by said servicing agent. The entries are made at or near the ume that each payment is
recelved by persons with knowledge of the information being recorded. It ts the regular practice of said servicing agent to make
these entries at the time the payments are received. Affiant has actual and personal knowledge of the facts stated herein and is
authorized to make this Atfidavit.
2. The so allegations oof othe ||) Complaint. filed in) this) action. are, trues and —s correct.
07-10140
1256788193. There ts now due and owing to the PlainufF upon said note and mortgage the following amounts:
a. Principal balance on note and mortgage S._ _ 107,326.94 |
b. Accrued interest through from 2/1/07 to
10/08/07 (per diem: 41.26. 3 $ VOB TAP
G0 Peserow: S$. OOD,
‘Taxes 0.00 -
Hazard Insurance 0.00 |
Flood Insurance 0.00 |
Mortgage Insurance Premiums 0.00 -
d. Pre-Aceeleration Late Charges $ 130.5000 |
e Property Appraisal $0000
1 Property Inspections $ 0.000
eg. Non-Suffictent Funds $$. | O00
h. Interest on Advances $8 O00
I. Brokers Price Opinion $ _..... _ 0.00
} Document Preparation $ 3235.00 _
kK. Property Preservation S 15.00
|, = Eserow/Suspense Credit 1-$ §O073R9
4. On account of Defendants default under the note and mortgage sued upon herein, Plaintit? retained its attorney
of record and instructed the filing of this action and agreed. bound and obligated itself to pay said attorney for his/her services on its
behalf such sum as the Court shall adjudge to be reasonable.
Ne id and subscribed “ge me this
_ _ day of. 2007.
JOHN MICHAEL KHUND
My Commission Explres
NOFARY PUBLIC. STATEOE 0 LX | eo” May 10, 2010
Comnussioned Name of Nota pyle Poke tricked Hrd - z
Personally Known | # oor produced identification
Ivpe of Identification Produced:
07-10140
125678819IN THE CIRCUIT COURT OF THE
COUNTRY WIDE HOME LOANS, INC., 12TH JUDICIAL CIRCUIT, IN AND FOR
Plaintiff, SARASOTA COUNTY, FLORIDA
vs. CIVIL DIVISION
MARK KORNACK, et al, CASE NO.: 2007-CA-007931-NC
Defendants.
AFFIDAVIT OF TIME AND EFFORT
STATE OF FLORIDA
COUNTY OF BROWARD
BEFORE me, the undersigned authority, personally appeared
Tenia Hunter who, having been duly sworn, deposes and says:
That, he/she is employed as an attorney at the Law Offices of Marshall C. Watson, P.A, that as attorney for
Plaintiff in the above styled action, affiant has expended times as follows:
Review information received from client 1.00 hours
Preparation of Lis Pendens, Complaint, Summons, and Civil Cover Sheet 1.25 hours
Review of returns of Service 50 hours
Review correspondence, and miscellaneous telephone communications and
memorandum to our client 1.00 hours
Preparation of Motion for Summary Final Judgment of Foreclosure, Affidavit as to
Indebtedness, Attorney’s Fee Affidavit, Affidavit of Time and Effort, Notice of
Hearing, Proposed Final Judgment, Proposed Notice of Sale and Final Disposition Form 2.25 hours
Attend Final Hearing (estimate) 1.00 hours
Preparation of Final Package to Court 1.00 hours
Total 8.00 hours
The Law Offices of Marshall C. Watson, P.A has agreed to charge a flat-fee of $1,200.00 for services
rendered as described above. Affiant certifies that there are no reasons for either reduction or enhancement
of the fee pursuant to Florida Patients’ Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985).
FURTHER AFFIANT SAYETH NAUGHT TA CO FL SS
Tenia Hunter
Bar No.: 0016635
Sworn to and sybscribed befor.
me, this day 007
Notary Public, St
Commissioned Namef)f Notary Public
Personally known or produced identification
Type of Identification Produced
stnteae, ROXANA BOYCO
Se Oi, Notary Public - State of Florida
My Commission Expires Apr 13, 2010
‘S= Commission # OD 540479
Bonded by Nationa! Notary Assn.
07-10140COUNTRY WIDE HOME LOANS, INC., IN THE CIRCUIT COURT OF THE
Plaintiff, 12TH JUDICIAL CIRCUIT, IN AND FOR
VS. SARASOTA COUNTY, FLORIDA
MARK KORNACK, et al, CIVIL DIVISION
Defendants. CASE NO.: 2007-CA-007931-NC
AFFIDAVIT AS TO ATTORNEY’S FEES
STATE OF FLORIDA __)SS:
COUNTY OF BROWARD )
BEFORE me, the undersigned authority, personally appeared ANTHONY LEPORE, ESQ, who
being duly sworn, deposes and says:
1. Iam an attorney licensed to practice in the State of Florida and I have practiced law in
BROWARD County, Florida, for 12 years.
2. Plaintiff has made its file available for review in this action, and I have conferred with said
counsel regarding the services rendered by him/her herein.
3. In my opinion, a flat-fee arrangement of $1,200.00 by said counsel from inception to completion
is adequate, and customary.
4. Ihave evaluated the factors checked below in determining my opinion of a reasonable attorney’s
fees as stated above:
xX a) The time and labor required, the novelty, complexity and difficulty of the
questions involved, and the skill required to perform the legal service
properly.
X b) The likelihood that the acceptance of the particular employment wil! preclude
other employment by the lawyer.
xX c) The fee, or rate of fee, customarily charged in this locality for legal services
of a comparable or a similar nature.
07-10140X d. The significance of, or amount involved in, the subject matter of the representation, the
responsibility involved in the representation, and the results obtained.
X e. The time limitations imposed by the client or by the circumstances and, as between attorney and
client, any additional or special time demands or requests of the attorney by the client.
X f. The nature and length of the professional relationship between said counsel and the client.
X g. The experience, reputation, diligence and ability of Plaintiffs attorney and the skill, expertise, or
efficiency of effort reflected in the actual providing of such services.
X h._ The fact that the fee is fixed and not contingent and the fact that the client’s ability to pay did not
rest to any significant degree on the outcome of the representation.
FURTHER AFFIANT SAYETH NAUGHT.
Sworn to and pose before me
This 2| day of
ROXANA BOYCO
:, ANY $)- My Commission Expires Apr 13, 2010
NOTARY PUBLIC, State of Florida 2X BOS? Commission # OD 540479
2 Pe .
44> OF FLAY
ras
Bonded by National Notary Assn.
Commissioned ay Notary public
Personally Known
or produced identification _
Type of identification produced
Preview
COUNTRY WIDE HOME LOANS, INC., Plaintiff, VS. MARK KORNACK; VINTAGE GRAND CONDOMINIUM ASSOCIATION, INC; UNKNOWN SPOUSE OF MARK KORNACK; JOHN DOE; JANE DOE AS UNKNOWN TENANT (S) IN POSSESSION OF THE SUBJECT PROPERTY, Defendants. MOTION FOR SUMMARY FINAL JUDGMENT OF FORECLOSURE IN THE CIRCUIT COURT OF THE 12TH JUDICIAL CIRCUIT, IN AND FOR SARASOTA COUNTY, FLORIDA CIVIL DIVISION CASE NO.: 2007-CA-007931-NC Plaintiff, COUNTRYWIDE HOME LOANS, INC., moves the Court for entry of a Summary Final Judgment of Foreclosure including an award of attorney's fees to Plaintiff on the grounds that Plaintiff is entitled to such a Final Judgment as a matter of law. The substantial matter of law to be argued is the priority of the lien of Plaintiffs mortgage over the interest of all other Defendants in the real property encumbered by said mortgage and Plaintiff's entitlement to an award of attorney’s fees. In support of this motion, Plaintiff shows the Court: Plaintiff filed its Complaint to Foreclose a Mortgage on real property located in S Florida, the legal description of which is set forth in the Complaint. interests in the encumbered property which are inferior to the lien of said mortgage. Hubbard v Highland Realty & Inv. Co., 156 So. 322 (Fla. 1934); Campbell v. Werner, 232 So. 2d 252 (Fla.3d D.C.A. 1970). The provisions of said note and mortgage also provide for an award of attorneys fees to Plaintiff in the event of the filing of an action for foreclosure. 07-10140 te: oy AN re . Ind . wen § ‘ZN ~~~. $e NS Ae - SN ' 2 TN _— C1 — ace BB The provisions of the note and mortgage being sued upon in this action confer upon Plaintiff the right to accelerate all sums due thereunder upon the default thereof, and the right to foreclose all The pleadings and exhibits filed herein, as well as Plaintiffs affidavit in support hereof, establish that Plaintiff's mortgage is a purchase money mortgage or was recorded prior to the recording of the instruments creating the liens in favor of those Defendants who claim an interest in the real . YOO34 YOI GIT \ \ (( iviproperty encumbered by the mortgage. Therefore, any such interest, which may be vested in the aforesaid Defendants, is subordinate and inferior to the lien of Plaintiff's mortgage. Sarmiento v. Stockton, Whatley, Davin & Co., Inc., 399 So. 2d 1057 (Fla. 3d DCA 1981), United States v. First Federal Savings and Loan Association of St. Petersburg, 155 So. 2d 192 (Fla. 2d DCA 1963). WHEREFORE, Plaintiff respectfully requests this Court grant its Motion for Summary Final Judgment of Mortgage Foreclosure including an award of attorney's fees and for such further relief as the Court deems just and proper. I HEREBY CERTIFY that a true copy of the foregoing Motion for Summary Judgment, and the following supporting affidavits: Time & Effort, Attorney’s Fees, Indebtedness, Cost were delivered to the parties on the attached mailing list by Fedex this__ 2 {°7 day of Mp werrbi-3007. Law Offices of Marshall C. Watson, P.A. 1800 N.W. 49" Street, Suite 120 Fort Lauderdale, Fl 33309 Telephone: (954) 453-0365/1-800-44 1-2438 Facsimile: (954) 771-6052 By: Zo . fo Tenia Hunter, Esq. Bar No.: 0016635 07-10140MAILING LIST Case No.: 2007-CA-00793 1-NC MARK KORNACK UNKNOWN SPOUSE OF MARK KORNACK LAST KNOWN ADDRESS 4036 CROCKERS LAKE BLVD #928 SARASOTA, FL 34238 RICHARD BEC, ESQ. ATTORNEY FOR VINTAGE GRAND CONDOMINIUM ASSOCIATION, INC. 255 UNIVERSITY DRIVE CORAL GABLES, FL 33134 JOHN DOE AND JANE DOE 4036 CROCKERS LAKE BLVD #928 SARASOTA, FL 34238 MARK KORNACK UNKNOWN SPOUSE OF MARK KORNACK 12767 HOLDENBERY LANE WINDERMERE, FL 34786 07-10140IN THE CIRCUIT COURT OF THE COUNTRY WIDE HOME LOANS, INC., 12TH JUDICIAL CIRCUIT, IN AND FOR Plaintiff, SARASOTA COUNTY, FLORIDA vs. CIVIL DIVISION MARK KORNACK, et al, CASE NO.: 2007-CA-007931-NC Defendants. AFFIDAVIT OF COSTS STATE OF FLORIDA COUNTY OF BROWARD BEFORE me, the undersigned authority, personally appeared Tenia Hunter, Esq., who being duly sworn, deposes and says: 1. He/She is attorney of record for the Plaintiff in the above styled action and that he/she is authorized to make this affidavit and makes this Affidavit based on his/her own personal knowledge. 2. Plaintiff has expended the following costs in the above foreclosure action: Clerks Filing Fee $ 255.00 Service of Process $ 612.00 Notice of Action $ 450.80 TOTAL § 1,317.80 FURTHER AFFIANT SAYETH NAUGHT Tenia Hunter Bar No.: 0016635 st, ROXANA BOYCO Ee, Notary Public - State of Florida - My Commission Expires Apr 13, 2010 *¥ Commission # OD 540479 “§ OF ea Bonded by National Notary Assn. 7, fe, SS Sworn to a bscribed bef me, this TM, HV f , 2007 Notary Public, State of Commissioned Name/of Notary Public ba Personally known or produced identification Type of Identification Produced * ~ ~ ~ - a @ - o * 2 OS 07-10140IN THE CIRCUTE COGRT OF THI PITH JGDICIAL CERCUPP. IN AND FOR SARASOTA COUNTY, FLORIDA CIVIL DIVISION CASE NO.: 2007-CA-00793 1-NC COUNTRYWIDE HOMIE LOANS. ING. Plaintlt, Vs. MARK KORNACK. et al. Detendants. STATI OF 0 oe __. ) © KAS ) SS: COUNTY OF 200 _COLLIV BEFORE ME. the undersigned authority, personally appeared = = = M. KELLY MICHIE. who being duly sworn, deposes and says: ). Affiant is an employee of the servicing agent of the Planuff and is personally familiar with the loan. which is owned by the Plainuéf and is the subject matter of this achon. Phe informauon hereinafter gtven as to the indebtedness artsing be virtuc of the execution of the note and mortgage sued upon in Uns action ts contained in the orginal books and records maintained the ollice of said servicing agent. Affiant has personal knowledge of the books and records of the servicing agent and how they are Inaintained as thew relate to the mortgage loan owned by Plainuif These books and records include data compilauions of the payments. including escrow payments and advances made and received on the mortwage loan in quesuon. and are kept in the course ofa reprdarly conducted business activity by said servicing agent. The entries are made at or near the ume that each payment is recelved by persons with knowledge of the information being recorded. It ts the regular practice of said servicing agent to make these entries at the time the payments are received. Affiant has actual and personal knowledge of the facts stated herein and is authorized to make this Atfidavit. 2. The so allegations oof othe ||) Complaint. filed in) this) action. are, trues and —s correct. 07-10140 1256788193. There ts now due and owing to the PlainufF upon said note and mortgage the following amounts: a. Principal balance on note and mortgage S._ _ 107,326.94 | b. Accrued interest through from 2/1/07 to 10/08/07 (per diem: 41.26. 3 $ VOB TAP G0 Peserow: S$. OOD, ‘Taxes 0.00 - Hazard Insurance 0.00 | Flood Insurance 0.00 | Mortgage Insurance Premiums 0.00 - d. Pre-Aceeleration Late Charges $ 130.5000 | e Property Appraisal $0000 1 Property Inspections $ 0.000 eg. Non-Suffictent Funds $$. | O00 h. Interest on Advances $8 O00 I. Brokers Price Opinion $ _..... _ 0.00 } Document Preparation $ 3235.00 _ kK. Property Preservation S 15.00 |, = Eserow/Suspense Credit 1-$ §O073R9 4. On account of Defendants default under the note and mortgage sued upon herein, Plaintit? retained its attorney of record and instructed the filing of this action and agreed. bound and obligated itself to pay said attorney for his/her services on its behalf such sum as the Court shall adjudge to be reasonable. Ne id and subscribed “ge me this _ _ day of. 2007. JOHN MICHAEL KHUND My Commission Explres NOFARY PUBLIC. STATEOE 0 LX | eo” May 10, 2010 Comnussioned Name of Nota pyle Poke tricked Hrd - z Personally Known | # oor produced identification Ivpe of Identification Produced: 07-10140 125678819IN THE CIRCUIT COURT OF THE COUNTRY WIDE HOME LOANS, INC., 12TH JUDICIAL CIRCUIT, IN AND FOR Plaintiff, SARASOTA COUNTY, FLORIDA vs. CIVIL DIVISION MARK KORNACK, et al, CASE NO.: 2007-CA-007931-NC Defendants. AFFIDAVIT OF TIME AND EFFORT STATE OF FLORIDA COUNTY OF BROWARD BEFORE me, the undersigned authority, personally appeared Tenia Hunter who, having been duly sworn, deposes and says: That, he/she is employed as an attorney at the Law Offices of Marshall C. Watson, P.A, that as attorney for Plaintiff in the above styled action, affiant has expended times as follows: Review information received from client 1.00 hours Preparation of Lis Pendens, Complaint, Summons, and Civil Cover Sheet 1.25 hours Review of returns of Service 50 hours Review correspondence, and miscellaneous telephone communications and memorandum to our client 1.00 hours Preparation of Motion for Summary Final Judgment of Foreclosure, Affidavit as to Indebtedness, Attorney’s Fee Affidavit, Affidavit of Time and Effort, Notice of Hearing, Proposed Final Judgment, Proposed Notice of Sale and Final Disposition Form 2.25 hours Attend Final Hearing (estimate) 1.00 hours Preparation of Final Package to Court 1.00 hours Total 8.00 hours The Law Offices of Marshall C. Watson, P.A has agreed to charge a flat-fee of $1,200.00 for services rendered as described above. Affiant certifies that there are no reasons for either reduction or enhancement of the fee pursuant to Florida Patients’ Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985). FURTHER AFFIANT SAYETH NAUGHT TA CO FL SS Tenia Hunter Bar No.: 0016635 Sworn to and sybscribed befor. me, this day 007 Notary Public, St Commissioned Namef)f Notary Public Personally known or produced identification Type of Identification Produced stnteae, ROXANA BOYCO Se Oi, Notary Public - State of Florida My Commission Expires Apr 13, 2010 ‘S= Commission # OD 540479 Bonded by Nationa! Notary Assn. 07-10140COUNTRY WIDE HOME LOANS, INC., IN THE CIRCUIT COURT OF THE Plaintiff, 12TH JUDICIAL CIRCUIT, IN AND FOR VS. SARASOTA COUNTY, FLORIDA MARK KORNACK, et al, CIVIL DIVISION Defendants. CASE NO.: 2007-CA-007931-NC AFFIDAVIT AS TO ATTORNEY’S FEES STATE OF FLORIDA __)SS: COUNTY OF BROWARD ) BEFORE me, the undersigned authority, personally appeared ANTHONY LEPORE, ESQ, who being duly sworn, deposes and says: 1. Iam an attorney licensed to practice in the State of Florida and I have practiced law in BROWARD County, Florida, for 12 years. 2. Plaintiff has made its file available for review in this action, and I have conferred with said counsel regarding the services rendered by him/her herein. 3. In my opinion, a flat-fee arrangement of $1,200.00 by said counsel from inception to completion is adequate, and customary. 4. Ihave evaluated the factors checked below in determining my opinion of a reasonable attorney’s fees as stated above: xX a) The time and labor required, the novelty, complexity and difficulty of the questions involved, and the skill required to perform the legal service properly. X b) The likelihood that the acceptance of the particular employment wil! preclude other employment by the lawyer. xX c) The fee, or rate of fee, customarily charged in this locality for legal services of a comparable or a similar nature. 07-10140X d. The significance of, or amount involved in, the subject matter of the representation, the responsibility involved in the representation, and the results obtained. X e. The time limitations imposed by the client or by the circumstances and, as between attorney and client, any additional or special time demands or requests of the attorney by the client. X f. The nature and length of the professional relationship between said counsel and the client. X g. The experience, reputation, diligence and ability of Plaintiffs attorney and the skill, expertise, or efficiency of effort reflected in the actual providing of such services. X h._ The fact that the fee is fixed and not contingent and the fact that the client’s ability to pay did not rest to any significant degree on the outcome of the representation. FURTHER AFFIANT SAYETH NAUGHT. Sworn to and pose before me This 2| day of ROXANA BOYCO :, ANY $)- My Commission Expires Apr 13, 2010 NOTARY PUBLIC, State of Florida 2X BOS? Commission # OD 540479 2 Pe . 44> OF FLAY ras Bonded by National Notary Assn. Commissioned ay Notary public Personally Known or produced identification _ Type of identification produced