Legal Eagles not always Right but always go for the Jugular

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There is hope for the people involved in a lawsuit with the City of Lake Worth.  Our attorneys fight hard but they're not always right.  This is a case that went all the way to the Appeals Court and the City lost. The City goes for the jugular and suggested settlement with the defendant's lawyer on fee reduction and got him to agree.

And this is on the Consent Agenda 9M so that the city doesn't have to explain it to the public.

Settlement on attorney’s fees for City of Lake Worth v. C & E Holding of Palm Beach County Inc.

FROM THE BACK-UP

SUMMARY:
This Settlement will resolve the award of attorney’s fees to C & E Holding of Palm Beach County Inc.’s attorney.

BACKGROUND AND JUSTIFICATION:
In 2006, the City of Lake Worth initiated a foreclosure case against C & E Holding of Palm Beach County Inc. based on several code enforcement liens recorded against the real property generally located at 19th Avenue North and North “A” Street (adjacent to the northbound lane of I-95). The case was dismissed for fraud on the court due to a City affidavit which failed to identify one or more of the liens as having been released by the City.

In 2012, the case resurfaced because the property owner alleged the City’s remaining liens had to be released due to the dismissal of the case. The City Attorney’s Office asserted on behalf of the City that the order of dismissal did not require the remaining liens to be released. The City’s argument was essentially that the City lost the ability to foreclose the liens with the dismissal but that the liens remained valid liens of record. This argument is consistent with established case law on liens of mortgages.

The Circuit Court disagreed with the City’s argument and granted the property owner, C & E Holding of Palm Beach County Inc.’s, motion to release the remaining liens. Due to the fact that the remaining liens exceeded $140,000 in fines; that C & E Holding was unwilling to pay any reduced amount on the liens (consistent with the City’s code of ordinances); and, that there were continuing concerns with the condition of the property, the City Attorney’s Office appealed the Circuit Court’s ruling.

In November, the Fourth District Court of Appeals issued an order affirming the Circuit Court’s order to release the liens. The Fourth District Court of Appeals decision was without a written opinion which essentially ends the case. Pursuant to the Circuit Court’s order (as affirmed by the appellate court), the City has issued a release of the liens.

Because the case evolved from a foreclosure under Chapter 162, Florida Statutes, the Fourth District Court of Appeals entered an order awarding attorney’s fees to the property owner’s attorney pursuant to statute. See
section 162.10, Florida Statutes (prevailing party entitled to attorney’s fees). We have come to an agreement with the attorney, John Jorgensen, on the amount of fees (in lieu of a hearing on the same and additional expense to both parties). Mr. Jorgensen has agreed to reduce his fees to $17,000 from an initial request of over $21,000.