Opinion
2021-CA-00028-SCT 2021-CA-00570-SCT
02-09-2023
BARRY WADE GILMER Appellant v. CHUCK McRAE, SETH LITTLE, MICHELLE BIEGEL, AND BETTIE RUTH JOHNSON Appellees BARRY WADE GILMER Appellant v. SETH LITTLE Appellees
ORDER
David Michael Ishee, Justice
This matter is before the en banc Court on the Motion for Fees and Costs filed by Appellees Michele D. Biegel, Bettie Ruth Johnson, and the Law Office of B. Ruth Johnson, PLLC. Having reviewed the motion and the affidavits submitted, this Court finds:
1. Barry Wade Gilmer's conduct resulted in a frivolous suit brought against Appellees.
2. Gilmer failed to respond to the Motion for Fees and Costs filed by Appellees. IT IS THEREFORE ORDERED that the Appellees' Motion for Fees and Costs is granted.
IT IS FURTHER ORDERED that attorneys' fees are awarded against Barry Wade Gilmer as follows:
W. Bradley Kellems: $12,680.00
Robert Germany: $8,250.00
Michele D. Biegel: $17,196.50
The total amount of fees awarded against Gilmer is $38,126.50.
SO ORDERED.
AGREE: RANDOLPH, C.J., KITCHENS AND KING, P.JJ., COLEMAN, MAXWELL, BEAM, CHAMBERLIN, AND ISHEE, JJ.
DISAGREES: GRIFFIS, J.
GRIFFIS J., OBJECTS TO THE ORDER WITH SEPARATE WRITTEN STATEMENT.
GRIFFIS, JUSTICE, OBJECTING TO THE ORDER WITH SEPARATE WRITTEN STATEMENT:
¶1. Based on recent decisions of this Court, I am of the opinion that the attorneys' fees requested and awarded in this case are excessive.
¶2. Each attorney has provided an affidavit regarding their charges for attorneys' fees. W. Brady Kellums has been attorney for more than forty years and requested an hourly rate of $400. Robert G. Germany has been an attorney for more than forty years and requested an hourly rate of $500. Michelle Biegel has been an attorney for nearly twenty years and requested an hourly rate of $350.
¶3. Recently, in City of Gulfport v. Cowan Road & Hwy 90, LLC, 2020-CA-01286- SCT, 2022 WL 2168924, at *2 (Miss. June 16, 2022), the circuit court considered an application for an award of attorneys' fees and expenses. Attorney Joe Sam Owen, with more than fifty years of experience, requested attorneys' fee for his law firm, Owen Galloway & Myers, PLLC, to be paid at a rate of $400 per hour. Id. The circuit court judge "found that the hourly rate requested by Owen of $400/hour was excessive and that the hourly rate of $300/hour would be more appropriate." Id. The reduction of attorneys' fees was challenged on appeal. Id. at *4-6.
¶4. Also, in Obert Law Group, P.A. v. Holt, 328 So.3d 622, 627 (Miss. 2021), the chancellor found that the hourly rate of $3 5 0 an hour for a lawyer with more than thirty years of experience was excessive. The chancellor reduced the hour rate of a lawyer with more than thirty years of experience from $350 an hour to $250 and hour and reduced the hourly rate of a lawyer with more than thirty years of experience from $3 50 an hour to $ 175 an hour. Id. at 635.
¶5. In both of these cases, this Court affirmed the trial court's decision regarding the award of attorneys' fees. Here, we are the trial judge. Therefore, I am of the opinion that this Court must be consistent with the cases cited, and the award of attorneys' fees should follow the guidance of the cases cited. Accordingly, I would allow attorneys' fees for W. Brady Kellums at an hourly rate of $300, Robert G. Germany at an hourly rate of $300, and Michelle Biegel at an hourly rate of $250.