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 Young