[CLC-Discussion] Final Judgment

Mark Young lawace at gmail.com
Tue Jun 12 16:09:11 PDT 2012


 Material supplier sued Contractor for unpaid materials, service charges,
and attorney fees.  The contract gives the prevailing party attorney fees.
Clerk entered a default.  Court enters a Final Judgment awarding contract
accounts, service charges, and attorney fees.  Court mails a copy of the
Final Judgment to all parties.  Final Judgment was recorded in the public
record.  Material Supplier (Plaintiff) waits a year to enforce the judgment
and freezes Contractor's bank accounts.

About a year after the Final Judgment, Contractor files a Motion
Challenging The Final Judgment alleging Fraud.  Contractor asserts that the
award of attorney fees was excessive (50% contingency fee), which
Contractor alleges is equal to about $3,000 per hour.  No false statements
were made to the Court regarding attorney fees.  Any helpful cases?

Thanks,

Mark
-- 
Mark Young
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