Court Case Record CHAD WARD & another vs. KEVIN GAFFNY 2012-P-1431

CHAD WARD & another vs. KEVIN GAFFNY Court Case Record

Court Case Number: 2012-P-1431

Case Number2012-P-1431
Case TitleCHAD WARD & another vs. KEVIN GAFFNY
Case TypeCivil
StateMassachusetts, MA
CountyBarnstable District, BA
CourtBarnstable District, BA
Court Address
Field Date03/04/2010
Close Date12/23/2013


James R. McMahon, III, EsquireChad WardPlaintiff/Appellee
James R. McMahon, III, EsquireKaren WardPlaintiff/Appellee
Anthony Alva, EsquireKevin GaffnyDefendant/Appellant
Entry Date Paper Entry Text
09/05/2012 #1 Entered.
09/05/2012 #2 Notice of entry sent.
10/12/2012 #3 Docketing Statement received from Kevin Gaffny.^
10/15/2012 #4 MOTION to extend brief & appendix due date, filed by Kevin Gaffny.
10/16/2012 #5 RE#3: Extension to 10/29/2012 granted for filing of brief of Kevin Gaffny, Defendant/Appellant. Notice to counsel.
10/31/2012 #6 SERVICE of brief, appendix-1 vol., 7 sets and transcript-1 vol., 2 sets for Defendant/Appellant Kevin Gaffny.
11/14/2012 #7 SERVICE of brief for Plaintiffs/Appellees Chad Ward and Karen Ward.
04/17/2013 #8 Under consideration by Panel. (Vuono, J., Carhart, J., Agnes, J.).
10/25/2013 #9 Decision: Rule 1:28 Decision and order of Appellate Division affirmed (Vuono, Carhart & Agnes, JJ.). *Notice.
11/01/2013 #10 Application for attorney's fees and costs, filed by Chad Ward, & Karen Ward.@
11/08/2013 #11 Motion for extension of time to file Rule 27 Petition for Rehearing, filed by Kevin Gaffny.@
11/12/2013 RE#8: Allowed to 11/15/13 (Vuono, Carhart, Agnes, JJ.) *Notice.
11/14/2013 OPPOSITION to additional attorneys fees for appellee, filed by Kevin Gaffny. (Paper filing)
11/14/2013 Copy of FAR application of Kevin Gaffny.
11/14/2013 RE#9: The within document is to be filed forthwith by emailing a PDF including any attachments and certificate of service to *Notice.
12/20/2013 FAR DENIED.
12/23/2013 RESCRIPT to Trial Court.
01/23/2014 Letter from James R. McMahon, III re: Denial of FAR application and request for action on application for attorney's fees and costs.
01/24/2014 RE#10: The within document is to be filed forthwith by emailing a PDF including any attachments and certificate of service to *Notice.
01/30/2014 Memo: PDF of paper #10 received. @
03/13/2014 OPPOSITION to additional attorneys fees for appellee, filed by Kevin Gaffny, filed by Kevin Gaffny (pdf copy)^
03/31/2014 ORDER: On October 25, 2013, we rendered our opinion and order affirming the judgment of the Appellate Division of the District Court Department, Southern District.[2] We also granted the appellee's request for appellate attorneys' fees and costs. Thereafter, the appellee filed an application[3] for an award of attorneys' fees and costs in the amount of $1,768.90. The appellant filed an opposition in which he claimed that attorney's fees should not be awarded while his application for further appellate review was pending. The appellant's application was denied on December 20, 2013, and no supplemental opposition has been filed. We therefore address the appellee's request. We have considered the requested fees under the lodestar method approved by our cases. See Fontaine v. Ebtek Corp., 415 Mass. 309, 324-25 (1993). The amount charged per hour, $200.00, is not excessive, and the verified and itemized time sheets show general efficiency. Nonetheless, in reviewing the description of services provided, we subtract 3.0 hours of work performed in connection with work on the Application for Fees and Costs and appellee's brief. We are "not required to review and allow or disallow each individual item in the bill, but [may] consider the bill as a whole." Berman v. Linnane, 434 Mass. 301, 303 (2001). Accordingly, we award appellate attorneys' fees against the appellant in the amount of $1,168.90 (Vuono, Carhart & Agnes,JJ). *Notice/Attest. [1] Karen Ward [2] See Ward v. Gaffny, 12-P-1431 (2013). [3] The appellee's submission is supported by an affidavit from Attorney James R. McMahon, III, detailing the services rendered.