Opinion
C.A. No. 98A-04-001
Date submitted: January 31, 2000
Date decided: February 25, 2000
Upon Appellee's Motion for Reargument — GRANTED .
ORDER
Having reviewed Petitioner's Motion for Reargument filed pursuant to Superior Court Civil Rule 59(e), it appears to this Court that:
1. On April 13, 1999, the attorneys for Appellee Terry Alphin ("Petitioner") submitted to this Court a Petition for Attorney's Fees pursuant to 19 Del. C. § 2350(f). Petitioner supplemented the application on October 26, 1999 and November 29, 1999.
2. On April 1, 1999, this Court affirmed the Board's decision denying Appellant Shaffers Market ("Employer")'s Motion for Reconsideration. Employer appealed to the Delaware Supreme Court and by Order dated October 21, 1999, the Supreme Court affirmed the decision of this Court.
Shaffers Market v. Alphin, Del. Super., C.A. No. 98A-04-001, Gebelein, J. (April 1, 1999).
Shaffers Market v. Alphin, Del. Supr., No. 193, 1999, Walsh, J. (Oct. 21, 1999).
3. On January 27, 2000, this Court granted Petitioner attorney's fees in the amount of $3,781.20 for the Supreme Court appeal. On January 31, 2000, Petitioner filed this Motion for Reargument requesting an additional $6,157.50 for the Superior Court appeal.
4. Petitioner, having prevailed in successfully opposing Employer's appeal in both the Superior Court and the Supreme Court, is entitled to an award of attorney's fees and costs for both appeals filed by Employer.
6. Based on the forgoing, Petitioner is granted an additional award of $6,157.50 for the work associated with the successful opposition of the appeal in Superior Court based on the following:
Appeal (1.9 hours x $225.00 per hour) = $ 427.50
(25.9 hours x $200.00 per hour) = 5,180.00
Petition (1.5 hours x $200.00 per hour) = 300.00
Costs = 250.00
Awarded: = 6,157.50
7. Therefore, Petitioner is awarded $6,157.50 in addition to the award of $3,781.20 for a total award of attorney's fees in the amount of $9,938.70.
Based on the foregoing reasons, Appellee's Motion for Reargument is GRANTED.
IT IS SO ORDERED.
The Honorable S. Gebelein