Buyer Finance Corp. v. Oliveros

The appellant, garnishor, appeals a judgment for attorney’s fees and costs to the garnishee. It is appellant’s contention that the trial court abused its discretion by granting excessive attorney’s fees, and by taxing as cost the expense of a deposition.

The question of attorney’s fees was presented to the court by stipulation of counsel, to be set within the judge’s discretion. The judge considered the testimony of garnishee’s counsel, a detailed motion to assess attorney’s fees, and two affidavits from practicing attorneys which suggested sums in excess of the actual award. The fee allowed…