Judgment Entry/Magistrate's Decision

This came on for hearing June 14, 2004 for hearing on Plaintiff application for attorney fees. Plaintiff appeared, Defendant Patricia Martin did not.

Plaintiff's counsel testified as to the extent, 17.99 hours, and nature of services rendered in this case and his hourly fee of $150. Further Plaintiff presented expert testimony which established that said hourly fee was reasonable and consistent within the community, and that the number of hours billed was commensurate with the nature of the legal and actual issues involved.

Wherefore, Plaintiff is granted judgment for attorney fees for $2,698.50 in addition to the judgment on the merits previously granted.

The clerk shall serve the parties, or counsel, a copy hereof by regular mail per Civil Rule(s) 53 / 58 and indicate below and in the journal said service by initial or signature. A party may not assign as error on appeal the court's adoption of any finding of fact or conclusion of law in that decision unless the party timely and specifically objects to thai finding or conclusion as required by Civil Rule 53(E)(3).

Magistrate Kevin Pelanda

This is adopted as the final order of the court subject to Civil Rule 53.

Judge David Sunderman

Andrew J. Ruzicho II attorney for plaintiff McCuen

Dennis Pergram attorney for defendant, Patricia Martin