Billinger v. Jost

SMITH, Presiding Judge.

Defendants appeal from a judgment awarding attorney’s fees and expenses of $1,945.00 to plaintiffs’ counsel in a partition suit. The award was based upon 52½ hours at $35.00 per hour ($1,785.00) plus $160.00 expense. Defendants do not quarrel with the reasonableness of the hourly award but direct their attention instead to the number of hours, contending some of the claimed time was solely for plaintiffs’ benefit. The partition brought a net sale price of $10,761.01. Plaintiffs combined have a ¾⅛ interest in the proceeds, defendants have a ¼ interest.

Plaintiffs are all…