# Appendix — Brock v. Massachusetts Mutual Life Insurance

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## Record

- **Collection:** Supreme Court brief
- **Document type:** Appendix
- **Published:** January 1, 1969
- **Citation:** 395 U.S. 906

## Text

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4yPREME COURT. U. & . i es ee
| 1224 APR-3 1969 &
No. —. - 7
JOHN F. BAVIS, CLERK
_- 2a

| Supreme Court of the United | States

-October Term 1968

IN THE MATTER OF THE WINGREEN CO., ET AL

J. H. BROCK as trustee for the WINGREEN CO.,’a
FLORIDA corporation; the DANIA CORPORATION,
a FLORIDA corporation; and the LAKE WORTH
| CO., a FLORIDA corporation, 0

: Petitioner,

vs. :
?

‘The MASSACHUSETTS MUTUAL’ LIFE INSURANCE ete
COMPANY, a MASSACHUSETTS corporation, |
: | Respondent.

nn) Aa

—

APPENDIX TO PETITION FOR A WRIT OF
CERTIORARI TO THE UNITED STATES COURT
OF APPEALS FOR THE FIFTH CIRCUIT. 4

IRVING M. WOLF
Attorney for the Petitioner

‘916 Biscayne Building .
Miami, Florida ;

\

As noted, Dania and Lake Worth hawe been virtually
liquidated. The Wingreen Co. formerly owned and/or
operated four motels, an office building, a warehouse
building, and four apartment buildings’ It also owned
vacan¥ lands. Most of these properties were heavily en-
- cumbered. All have now been liquidated or lost through
sale or foreclosure or abandonment except the Ramada

Inn.at Cocoa Beach, Florida. That property is subject to .

first, second, third and fourth mortgages. The first mort-

gage is to secure a debt due appellant in excess of $1,000,-

000. The other three mortgages are to secure debts total-

: ing $1, 390,000, including interest, as of October 1, 1968.

This ‘property was appraised for appellant in 1966 as hav-
ing a value of $1,500,000. The trustee has obtained an
appraisal‘as of April 1, 1968 of $2,200.000.

e

.

a a

App. 10

According to a report filed by the trustee, the Ra- .
mada Inn was operated at a profit ‘of only $50,900.88
during .the first nine months of 1968. The same report
shows that the trustee has unrestricted cash available
of only $96,029.88 as of September 30, 1968. :

The record discloses that the claims of unsecured
creditors totaled $1,385,718.95 as of January 25, 1966. In
discussing a proposed plan of reorganization, the trustee
advised the court on December 30, 1966 that there were no
stockholder equities to be dealt with and that “... there
is little which the unsecured creditors may expect.” We
have found nothing in the records before us to indicate
a change in this prognistication. The trustee hopes to
realize something from a tax loss carry forward, subject:
to a ruling by the Internal Revenue Service. There is

some tag end litigation which may produce assets for the
' debtors but what is realized, if anything, will not greatly
exceed the administrative expenses. .

It is apparent that the trustee and his counsel have
rendered and are rendering valuable and almost daily
‘services in connectior with these Chapter X proceedings.
These services have involved complex legal and business
matters and we in no way disparage them. The fact re-
mains, however, that they have been more than ‘amply
compensated for their services under the circumstances

_ of these Chapter X proceedings.

The trustee, as previously stated, has received com-
pensation for the period February 8, 1966-June 30, 1968,
a period of some 29 months, in the amount of $109,080 3
free of overhead. His compensation has been at the hourly
rate of $45.00. We conclude that this is excessive. The

App. 11

“trustee has been compensated for services taking little

more than half his time at a rate.of almost $50,000 per

‘annum. : .

With respect to counsel, we hold that his fees are
also excessive. He has been compensated at the rate of
approximately $67.00per hour during the same period.
His total compensation has been $161,500 for little more
than half time service or at a rate of more than- $65,000
per annum. He is a ‘sole practitioner and these services
have been rendered entirely by him, and, or course, he
‘has overhead expense.

There is opinion evidence before the court that the
services of counsel were reasonably worth $50.00 per

hour. There is some evidence that one*Miami practitioner -

charges $80.00 per hour for his services in some matters
and his view was that counsel for the trustee has been

underpaid. There is no evidence as to the reasonable value |

of the services rendered ‘by the trustee save his*own
statements. The absence of: evidence, however, in fee mat-
ters is -not a deterrent to the court of appeals reaching

a Conclusion that the fees were excessive. Judge Sibley |

speaking for this court in Campbell v. Green, supra, a
case involving an appeab from orders allowing fees in a
corporate reorganization, said with respect to the amount

of fees to be awarded:

‘“The court, either trial or appellate, is itself
an expert on the question and may consider its
own knowledge and experience concerning rea-
sonable and proper fees and may form an in-
dependent judgment either with or without the
aid of testimony of witnesses as to value...” —

ee

App. 12.

- We conclude that the order under consideration must
be reversed and the matter remanded to the District
Court for reconsideration of the amounts awarded to the
trustee and his counsel’as feés. We conclude-also that the
"fees to be awarded to the trustee shall not exceed $25.00 ©
per hour for his services during the period covered by
the order and that the fees to be awarded counsel for the
trustee shall not exceed $50.00 per hour for the same
period. ae r :

It is to be noted that the court is also this day
reversing the orders complained of in No. 26,479. and’
No. 26,711, supra. The District Court will be in a better
- position to award fees upon considering the entire course
of the proceedings than was the case in the several in-
terim awards. In any event we do not believe fees above
the stated amounts of $25.00 per hour and $50.00 per hour
for the trustee and his counsel, respectively, can be justi-
fied for the services rendered under the circumstances
of these Chapter X proceedings. :

REVERSED and REMANDED with directions.

“ws

e gq -. es

APPENDIX
B %
IN THE UNITED STATES COURT OF APPEALS
*s FOR THE H CIRCUIT -
wt
No. 26,479.

In the Matter of: THE WINGREEN COMPANY .
MASSACHUSETTS MUTUAL LIFE INSURANCE |
COMPANY, )

. Vs.
iin

J. H. BROCK, Trustee,

No. 26,711

In the Matter of: THE WINGREEN COMPANY

MASSACHUSETTS MUTUAL LIFE INSURANCE

COMPANY,

Appellant,

v8.

J. H. BROCK, Trustee,

; Appeals peu » the United States District Court fer the
Southern District .of Florida

(December 5, 1968)
Before GEWIN, BELL and DYER, Circuit Judges.

. Appellant,

Appellee.

—!

App. 14 .

PER CURIAM?’ hese appeals involve orders ailow-

ing fees for the trustee and his counsel in Chapter X .— ,

proceedings under the Bankruptcy Actefor the periods
January 1, 1967-June 30, 1967; June 30, 1967-June 30,
1968; and May 24, 1966-June 30, 1968. The appeals pre-
sent the same questions as were presented in Massachu-
setts Mutual Life Insurance Company v. Brock, 5 Cir.
1968, F.2d _, [No. 25,308, slip opinion dated .
December , 1968]. "The orders are reversed for the

reasons stated i in a case.

The District Court is directed to reconsider the re-
quest for fees for the stated periods. The order in No.
26,479, dated February 19, 1968, involves the period Jan-
uary 1, 1967-June 30, 1967. It so happens that the order
in No. 26,711, dated Augyst 6, 1968, involves the entire
period of trusteeship (Receivership period excluded)
through June 30, 1968. Thus it: is that the fees for the
period May 24, 1966-June 30, 1968, including the periods
involved in No. 25,303 and No. 26,479 must be recon-
sidered. The facts and circumstances of these reorganiza-
tion proceedings will not warrant the fees in excess of
$25.00 per hour for the trustee and $50.00 per hour for
counsel for this period.

REVERSED and REMANDED with directions.

Avnp. 15

APPENDIX
C

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 25,303

MASSACHUSETTS MUTUAL LIFE INSURANCE
a al A Massachusetts en, i

and .
COLLEGE INN, INC.,a Florida Corporation,
Tg Appellants,
versus

J. H. BROCK, as Trustee for the Wingreen Celina,
Fiorida corporation; The Dania Corporation,.a Flor-

ida corporation; and-The Lake Worth Company, a
bi Florida corpor ation,

Appellee.

Appeal from the United States District Court for the
_ Southern District of Florida

Before-RIVES and DYER, Circuit Judges, and JOHN-
SON, ‘District Judge.

BY THE COURT:

' App. 16 | a
The joint petition for leave to take an interlocutory
appeal from the orders of the United States District
Court entered in the captioned cause is hereby
GRANTED | |

The motion filed by appellees to dismiss the appeal
is DENIED 3 af ee

The motion of appellants to require appellees to
diminish their designation of the record on appeal is
GRANTED

(original filed — June 15, 1967)

| a

App. 17. \

a \

* | APPENDIX
| | aa :
IN THE UNITED STATES COURT OF APPEALS
an FOR THE FIFTH CIRCUIT
° . aes
No. 25,303

P, ’

MASSACHUSETTS MUTUAL LIFE
INSURANCE COMPANY,
and ;
COLLEGE INN, INC.,

Appellants,

v8.

; J. H. BROCK, as Trustee of . _
THE: WINGREEN COMPANY, ET AL,
| Appellees.

Appeal from the United States District Court for the
Southern District of Florid..

ORDER:

IT IS ORDERED that the joint motion of the parties
to dispense with the printing of the record on appeal, in
the above styled and numbered cause be, and the same
is hereby granted*upon the condition that the parties are
. directed to 28 api and file a reproduced joint appendix
of such portiofls of the record as relate to the issues to

aa:

App. 18 — ®

be decided on appeal. Briefs shall be prepared and filed

_ pursuant to Rule 24(a)(2) with the. reproduced joint
- appendix to be filed within twenty (20) days after the
filing of the brief of the appellee. é

/s/WALTER P. GEWIN

United States Circuit Judge

-- (original filed — October 19, 1967)

[ARREARS te Terps opens tare ry OP D EP ECO a 2 % - -

App. 19. - : a

- APPENDIX
E

IN THE UNITED STATES COURT OF APPEALS
| FOR THE FIFTH CIRCUIT © |

No. 25,303

MASSACHUSETTS MUTUAL LIFE
INSURANCE COMPANY
and
COLLEGE INN, INC. |
Appellants,
v8.

J. H. BROCK, as Trustee of
THE WINGREEN COMPANY, ET AL,

Appellees.

Appeal from the United States District Court for the
Southern District of Florida

Before TUTTLE, WISDOM and GEWIN, Circuit Judges:
BY THE COURT: | |

IT IS ORDERED that the motion of appellee to
dismiss the above entitled and numbered ° cause for lack '
of jurisdiction be, and the same is hereby carried with the
case. : | , }

.
St omNs SEPP See ATE FDR PEARL NITY

App. 20

IT IF FURTHER ORDERED that the motion of
appellee to strike and‘correct the brief of appellant be,
and the same is hereby DENIED.

IT IS FURTHER ORDERED that ithe motion of ap-
pellee to summarily determine the appeal be, and the .
same is hereby DENIED. :

IT IS FURTHER ORDERED that the request of
appellant for an order that the joint appendix be limited
to the portions ef the record which are related to mat-
ters which are directly referred’ to in the briefs of coun-
sel be, and the same is — GRANTED.

(Original filed — February 2, 1968)

Piel

App. 21 —

APPENDIX:
F

a - IN THE UNITED STATES COURT OF APPEALS
ȴ FOR THE FIFTH CIRCUIT

No. 25,303 os

MASSACHUSETTS MUTUAL LIFE
INSURANCE COMPANY
| and
COLLEGE INN, INC.,
| > } Appellants,
vs. |

J. H. BROCK, as Trustee of

THE WINGREEN COMPANY, El AL,
ge: Appellees.

»

ee

ay, - ee ue
_ “Appeal from the United States District Court for the
; Southern District of Florida —

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-

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-
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App. 27 °
APPENDIX
I

IN THE UNITED STATES COURT OF APPEALS
. FOR THE FI“TH CIRCUIT

No. 26,479

In the Matter of:: THE WINGREEN COMPANY
MASSACHUSETTS MUTUAL LIFE
INSURANCE COMPANY,
Appellant,
vs. .

J.-H. BROCK, Trustee |
| Appellee.

Appeal from the United States District Court for the
Southern District of Florida

ORDER:

IT IS ORDERED that the petition of appellant to
supplement the record filed in the above entitled and
numbered cause be, and the same is hereby granted.

/s/DAVID W. DYER

A

United States Circuit Judge
(Original filed September 3, 1968) .

a

~ae

App. 29

APPENDIX
aia

IN THE UNITED STATES DISTRICT COURT IN AND
FOR THE SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION c

No. 66-28-Bk-WM
In the Matter of: THE WINGREEN COMPANY,
| Debtor.

ORDER GRANTING LEAVE TO TRUSTEE TO SEEK
' A WRIT OF CERTIORARI IN E SUPREME
COURT OF THE UNITED STATES ADDRESSED
TO THE UNITED STATES COURT OF Arr nals

e FOR THE FIFTH CIRCUIT -

This matter coming before this Court to be heard on
the sworn Petition of J. H. Brock, Trustee of The Win-.
green Company, a Florida corporation, the Dania Cor-

‘poration, a Florida corporation, and The Lake Worth

Company, a Florida corporation, and Irving M. Wolff,
as his attorney, seeking this Court’s approval for leave

_ by said parties to prosecute in the Supreme Court of the

United States a aang for certiorari addressed to the .
United States Court c* Appeals for the Fifth Circuit, and
further representing to this Court that these estates shall
not be burdened with the expenditure of any expenses
and costs in connection therewith, and it appearing that
this order may be entered ex parte without notice, it is

ORDERED that J. H. Brock, as Trustee for The Win-
green Company, The Dania Corporatien, and The Lake
Worth Company, and Irving M. Wolff, as his attorney in
said causes, be and they are: hereby authorized in their

\

:

1969.

App. 30

respective names and in their official capacities as Trust-

ee and attorney for the Trustee for the respective estates,
. to prosecute a petition seeking a writ of certiorari in the

Supreme Court of the United States addressed vo the

‘United States Court of Appeals for the Fifth Circuit in

the following matters lately pending in said United .
States Court of Appeals for the Fifth Circuit, to wit:
“Massachusetts Mutual Life Insurance Company, et al., v.
J. H. Brock, Trustee, etc.”, No. 25308, and the consoli-
dated cases “Massachusetts Mutual Life Insurance Com-
pany, et al. v. J. H. Brock, Trustee, ete.”, Nos. 26479 and
26779. 3

“IT IS FURTHER ORDERED that all expenses and
costs involved in said proceedings are to be borne by the

‘ respective J. H. Brock, Trustee, and Irving M. Wolff, and

no administrative or other charge thereof shall be made
to the respective estates in these proceedings.

IT IS FURTHER ®RDERED that J. H. Brock as
Trustee, and Irving M. Wolff, as attorney for the Trustee
for said Debtors, shall not: be paid, nor will they be. en-
entitled to be paid any fees in connection with the au-
thorized litigation. It is the expressed intention that the
instant estates shall not be burdened: with any charges
whatsover whether costs, expenses and fees, in connection
with the proceedings authorized to’ be undertaken in the
Supreme Court of the United States.

‘DATED at Miami, Florida this 16th day of January,

/s/W. 0. MEHRTENS

United States Circuit Judge

App. 31.

APPENDIX

K .
[ORDER ENTERED January 30, 1967, United States
District Court, Southern. District of Florida;. United ©
States Court of Appeals, Fifth Circuit Cause No. 25808].

IN THE UNITED STATES DISTRICT COURT IN’ AND
FOR THE SOUTHERN DISTRICT vail FLORIDA
MIAMI DIVISION

No, 66-28-Bk-WM
66-29-Bk-WM
-66-30-Bk-WM

In the Matter of:
THE WINGREEN COMPANY,

Debtor.
In the Matter of: ae
THE DANIA CORPORATION, c
: Debtor.
‘In the Matter of:
THE LAKE WORTH COMPANY,
| : Debtor.

ORDER AWARDING ADDITIONAL INTERIM FEES
TO THE TRUSTEE AND HIS ATTORNEY
is Rene ;

On May 23, 1966, by Court Order, J. H. Brock was
appointed Trustee for The Wingreen Company, a Florida
corporation, Debtor; The Dania Corporation, a Florida

corporation, Debtor; and The Lake Worth Company, a

App. 32

Florida corporation, Debtor in these consolidated pro-
ceedings, and in ‘accordance with this Court’s Order of
May 23, 1966 did qualify as Trustee by posting and bond
required in the Order of appointment, and he has been,
since May 24, 1966, and at all times pertinent thereafter,
the duly acting and qualified Trustee of the three debtor
estates in these consolidated proceedings. |

: This Court by its Order of May 24, 1966 did appoint _
Irving M. Wolff attorney for the said Trustee of the.
three Debtor corporations in these consolidated proceed-
ings, and the said Irving M. Wolff did file the necessary
- affidavits required under the pertinent sections of the
Bankruptcy ‘Act, including: Chapter X—corporate reor-
ganization applicable, and since May 24, 1966, and at all
times material herein, he has represented the said J. H.
Brock, Trustee for the three Debtors in these consoli-
dated proceedings as am attorney at law in accordance
with the Order of his appointment.

| The Trustee, J. H. Brock has filed his Petition for
an award of additional interim compensation and reim-
bursement of disbursements ih accordance with the ap-
plicable sections of the Acts of Congress relating to
Bankruptcy, and in accordance with local Rule 10(g),
Bankruptcy Rules of the District Court of the United
States for the Southern District of Florida, for the serv-
ices performed-as Trustee for and on behalf of the three
Debtors in these consolidated proceedings fér the interval
commencing, with the date of September 1, 1966 to and
including the 3lst day of December, 1966.

_ Irving M. Wolff, the Trustee’s attorney in these con-
solidated proceedings, representing the Trustee in his @

ne A

App. 33

capacity as Trustee of the three debtor estates, in ac-
cordance with the foregoing statutory and procedural .

citation, did also file his application for an award ‘of

additional interim attorney’s fees for the same period of
time involved.as that included in the Trustee’s Petition
for compensation and reimbursement of expenditures.

It appearing from the record that due and sufficient
notice of said hearing for the application of interim fees
was given ‘o all parties materially and adversely af-
fected by tMese proceedings, and to such parties of record
that this Court has designated as being entitled to receive.
copies of all pleadings, and subsequent to the notice two .
parties materially and adversely affected by these pro-
ceedings did file written objections to the Petitions filed-
by the Trustee and by the Attorney. for the Trustee seek-.
ing interim fees for’ the period involved, said parties be- -
ing Massachusetts Mutual Life Insurance Company, and -
College Inn. ; |

Neither of the objectors did take into consideration
the value of the services rendered by the Trustee and his
attorney in connection with the complicated and difficult
sale of the holdings of the Dania Corporation, a Debtor
in these consolidated proceedings, specifically{ the stock
in the Dania Bank. The liquidation of these{ particular
assets resulted in a transaction in excess ‘of $4,000,000.00
and resulted in the consolidated proceedings realizing in
excess of $100,000.00 in cash.

- The Court finds that the services rendered in this
regard which commenced with an offer by the eventual
purchaser whereby the consolidated estates would have
been required to pay to the purchaser some $6,000.00 cul- :

Ann ae nk ee Ree ee es

ED 5 App. 84

| //minated in a transa¢tion as herinbefore observed, netting

y° the estate not only the cash in excess of $100,000.00, but

unburdened the estate of some $250,000.00 per year of
interest. charges, in addition to the dismissal of a com-
plicated proceeding involving three Orders heretofore

entered by this Court, which appeals properly defended

would create sizeable administrative expenditures which

the consolidated proceedings would have to bear. This
savings must be considered ‘gizeable when the Appellate
record therefor prepared was stipulated to, and direc-
tions were submitted to the Appellate Court Clerk by
Counsel for the intended Appellant and Trustee, which

| _ withheld instructions directing the Appellate Court Clerk

to bind the record pending the negotiations involving the
sale. ; .

This Court further finds that the hourly expenditure

_ of time is only one of the factors which governs an allow-

ance of fees in reorganization proceedings. This is only
an indication of time expended by the applicant. This
factor alone is not the sole controlling item. The ex-
penditure of time must be coupled with the results ob-

‘tained. In these consolidated proceedings the Trustee

v
.

has within his jurisdiction the management and opera-
tion of two motels, one office building, four apartment
houses, a warehouse, and several parcels of unimproved
property. At the inception of the proceedings the Trustee
had the controlling stock interest of a national bank, and
the controlling stock interest in a state bank within his
custody. ar } ~

In accordance with the reports filed by the Trustee

under Section 167 of the Bankruptcy Act [11 U.S.C.A.

§ 567] the total evaluation of the consolidated estates

Se a eee cme

- Q@&» .-

-ervation of the assets.

App. 35

was in the neighborhood of $20,000, 000.00, and the.
monthly reports filed by the Trustee reveal that the total ~
gross annual business done by the properties in his .cus- a
tody and under his supervision on an annual basis —
more than $3,000, 000.00 per annum. ee

The Trustee is the sole executive under whose active
management these properties are operated.. The Court -

must take into consideration the executive ability of the

Trustee, in addition to the hours expended, the monies.
the Trustee handles, and the dispatch in which decisi
are made, and the activities.of the Trustee in the p

“4 .

At the commencement of these consolidated proceed-

' ings, the records of the Debtors were in a deplorable

condition. That through the efforts of the Receiver, J. H.
Brock, now the Trustee, J. H. Brock, an efficient admin-
istrative system was created which allowed this Court to

have at its disposal all of the necessary financial data

and reports to assist this Court in making the decisions
necessary in these complicated reorganization proceed-
ings. It was:through the efforts of this Trustee that the
estate at the present time is in a position to be reorgan-
ized, and there are prospective investors who are inter-

‘ested in reorganization, and these-investors have at their ;

disposal because of the Trustee’s efforts,: detailed and
minute financial information: and information advising
them as to the claims of all secured creditors and’ un-

_ secured. creditors. Where the secured creditors are in- -
- volved, these people have available to them enumerations

as to the types of liens on the specific properties, whether
they be real or personal; they have available to them éach
facet that is necessary to allow them to make not only

4,
©

a %, App. 36
a decision as to the possibility of participation in reor-
ganization, but as to the future recapitalization of the
facilities and assets to be utilized in reorganization.

At the commence ement of these consolidated proceed- .
ings, ‘there was little or no cash position available to the
estates, and yet the Receiver, J. H. Brock, now the
Trustee, J. H. Brock, through diligent application has
discharged portions of the secured indebtedness, portions
of the current taxes, and all of the operational expenses
of the estate without the necessity of any borrowings,

specifically no certificate of indebtedness having been |

issued by the Trustee to accomplish this facet of the
administration. ;

This type and ‘calibre of service must also be con-

sidered in the establishment of fees.
° é

CONCLUSIONS OF LAW

That under the applicable provisions of the Bank-
ruptcy Act dealing with reorganizations, this Court does
have the jurisdiction to allow interim fees in accordance
with the services rendered as they benefit the estate. It
is therefore 4 .

c a

ORDERED:

1. That the said J. H. Brock, as Trustee of the Win-
green Company, the Dania Corporation, and The, Lake
Worth Company, Debtors in these consolidated proceed-
ings, be and he is hereby awarded $20,000.00. as allowance
for compensation for the interim period commencing
September 1, 1966 and concluding December 31, 1966, for

| App. 37.

the said services so rendered during said period in these
consolidated proceedings as Trustee of the hereinbefore:
enumerated Debtors.

2. That the enumerated disbursements as exhibited |

by Exhibit B attached to the Petition of the said J. H.
Brock for reimbursement of out-of-pocket expenses as
Trustee during the interval of September‘1, 1966 through
_ December 31, 1966 in the amount of $36.55 be allewed,
-. and that said expenditures are approved as reported, and
that they shall be taxed as administrative costs in these
proceedings. ;

_ 8. That Irving M. Wolff as attorney for the Trustee —

J. H. Brock, in these consolidated proceedings be and he
is hereby awarded $25,000.00 for the legal services
-_ rendered by the said Irving M. Wolff in accordance with
the Order appointing him under a general retainer as
attorney for the said-Trustee, J. H. Brock, in these con-
- . solidated proceedings, for the interim period commencing
September 1, 1966 and terminating December 31, 1966.

4. The sisal fees awarded to the Trustee and
to his attorney in these consolidated proceedings are on
an interim’ -basis and such awards will be taken into con-
sideration ‘at the time of the final award of fees and
compensation for the Trusteé and his attorney in these
consolidated proceedings.

5. That the said-J. H. Brock, Trustee in these con-
solidated proceedings, prior to his payment and discharge
“of said awards, shall satisfy himself that all parties
awarded compensation and allowance and reimbursement
of costs have filed their respective affidavits as required
by Section 249 of the Bankruptcy Act [11 U.S.C.A. § 649]..

App. 38 °

6. That the said Trustee, within twenty (20) days
from the entry of this Order, shall mail a copy hereof to
all creditors and stockholders of the said foregoing and
enumerated Debtors in these consolidated proceedings as
the same are reflected by the records of the said respec-

y~tive Debtors now in the possession of the: said Trustee.

7. That all of the allowances for compensation and
fees are for services rendered during the period set forth
in the respective applications and hereinbefore provided
for imthis Order in conjunction with the administration
of the instant Debtor estates in these consolidated pro-
ceedings, and that of said compensation allowances, fees
and reimbursements for expenditures are reasonable and
that the said awards are hereby allowed in payment on
an interim basis for suth services rendered, and the said
J Trustee, J. H. Brock, in these consolidated a
is hereby authorized to make the same.

DONE and ORDERED, at Miami, Florida, this 30th
day of January, 1967.

“a ih is el laa a staan @

, : /s/ W. 0. MEHRTENS,
es, UNITED STATES DISTRICT JUDGE

a eR Oe ee

%

Es PUD RAAF A RR I EAA AS,

App. 39

APPENDIX
ee ae

[ORDER ENTERED February 19, 1968, United States —
District Court, Southern District of Florida; United
States Court of Appeals, Fifth Circuit Cause ‘No, 26479]

IN THE UNITED STATES DISTRICT COURT IN AND
FOR THE SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION

—_—

_No. 66-28-Bk-WM
66-29-Bk-WM
66-30-Bk-WM

In the Matter of:
THE WINGREEN COMPANY,
; ) Debtor.
&
In the Matter of:. s ,
THE DANIA CORPORATION, hy
; ‘Debtor.
i. In the Matter of:
cary THE.LAKE, WORTH COMPANY, .
ie eee Lin Debtor.

ORDER AWARDING ADDIFIONAL INTERIM FEES
TO THE TRUSTEE AND HIS ATTORNEY

«*
e +

App. 40

On May 23, 1966, by Court Order, J. H. BROCK was
appointed Trustee for The Wingreen Company, a Florida
corporation, Debtor ; The Dania Corporation, a Florida
corporation, Debtor; and The Lake Worth Company, a
Florida corporation, Debtor, in these consolidated pro-
ceedings, and in accordance with this Court’s Order of
May 23, 1966 did qualify as Trustee by posting the bond
required in the Order of appointment, and he has been,
since May 24, 1966,.and at all times pertinent thereafter, |
the duly acting and qualified Trustee of the three debtor
estates in these consolidated proceedings. |

This Court by its Order of May 24, 1966, did, appoint
IRVING M. WOLFF attorney for the said Trustee of
the three Debtor corporations in these consolidated pro-
ceedings, and the said IRVING M. WOLFF did file the _

necessary affidavits required under the pertinent sec-

- tions of the Bankruptcy Act, including Chapter X—cor-

porate reorganization applicable, and since May 24, 1966
and at all times material ‘herein, he has represented the
-said J. H. BROCK, Trustee for the three Debtors in these
consolidated proceedings qs an attorney at law in accord-
ance with the Order of his appointment.

The Trustee, J. H. BROCK, has filed his Petition for.
an award of additional interim compensation and reim-
burseMi@ht. of disbursements in accordance with the
applicable sections of the Acts of Congress relating to
Bankruptcy, and in accordance with local Rule 10(g),
- Bankruptcy Rules of the District Court’ ofthe United
States for the Southern District of Florida, for-the serv-
ices performed as Trustee for and on behalf of the three
Debtors in these consolidated proceedings for the inter-
val commencing with the date of January 1, 1967 to and
including the 30th day of June, 1967. ;

~
™,

App. 41

IRVING M. WOLFF, the Trustee’s attorney in these
consolidated proceedings, representing the Trustee in his ~
capacity as Trustee-of the _ ee debtor estates, in accord-
ance with the foregoing statutory and procedural cita- ~
tion, did also file his application for an award of addi-
tional interim attorney’s fees for the same period of time
involved as that included in the Trustee’s Petition for
compensation and reimbursement of— expenditures. |

It appearing from the record that due and sufficient
ig! said hearing for the application of interim fees
was given to all parties materially and adversely af-—
fected by these proceedings, and to such parties of record
that this, Court has designated as being entitled to receive

copies of all. pleadings, and subsequent to the'notice one.

party’materially and adversely affected by these proceed- |
ings did file written objections to the Petitions filed by
the Trustee and by the Attorney for the Trustee seeking
interim fees for the period involved, said party being
MASSACHUSETTS MUTUAL LIFE INSURANCE

COMPANY.

The objector did not. take into consideration the value
of the services rendered by the Trustee and his attorney
in connection with the complicated and: difficult litigation’

_ concerning the claims of liens involving the ‘estates’ in-

terest in the Ramada Inn, Gainesville, Florida. This liti-
gation was complicated and lengthy, and the estates’
equity in the leasehold interest was enhanced by approxi-
mately $689,000.00, inasmuch as some sixteen claimants
seeking a secured position against the estates’ leasehold
interest had their claims reclassified: as unsecured claims.
In addition thereto, the first mortgagee’s claim as to
principal was recommended for reduction .by the Special

Master by an amount of seam

_ App. 42°.

As a result of this particular litigation and the hear- —
ings conducted: in connection with evaluation of secured

' claims under Section 197 of the Bankruptcy Act [11

U.S.C.A. § 597] it appears that a valuable asset of the 7

estates was preserved to enable the Trustee to resurrect

some consideration and to liquidate said asset so that.

the estates would resolve themselves into a reorganization
of the remaining property in Cocoa Beach, Florida.

The objector presents no testimony or evidence to
‘aid and assist this Court in reaching its determination.
It does, however, attach an affidavit of a practitioner,
and from the contents of said affidavit it does not appear
that the said affiant is fully familiar with the proceed-

ings or that he was given much time, nor is his conclusion .

as to the value of the services acceptable to the Court.

_ fhe Court has heard from counsel ‘in these proceed-
ings, and is fully familiar from -its own experience with
the matters and the complexity, of the proceedings in-
‘volved as to fully and completely evaluate the services
rendered by the Trustee and his attorney.

While the pbjector makes a severe issue that no Plan

-of Reorganization has been proposed, and he erroneously
concludes that no Plan of Reorganization will be proposed,
this Court, because of its-direct and minute supervision
of the instant estates, is apprised of factual material
which refutes the inferred conclusion. of the particular
objector. St Se | ;

The inconsistencies of the petition arid the conclu-
sions therein contained reveal that the objector is unfa-

miliar with the total ramifications of these proceedings. -

—

eS ee

thee ee

ee .

App. 50 |

7

w

administrative charges: amongst the various estates and |
the necessary payments were made and ¢redits and debits
achieved amongst the respective estates. Pie

: This Court is fully advised as to the status of the
causes, the interrelationship of the estates, and the serv-
ices rendered. The record reflects that the Trustee did
post bond and qualify for his office on May 24, 1966, and
at all times pertinent thereafter he was the duly quali-
fied and acting Trustee, in accordance with the Order
of this Court in these proceedings. | "

On May 24, 1966, this Court by its Order of instant
date did appoint IRVING M. WOLFF attorney for the
‘said Trustee in these consolidated matters. .

The record further reflects that the Trustee and his
attorney have made an application for interim fees for
the entire period of time of their appointment, and did
file the necessary affidavits required under the pertinent
sections of the Bankruptcy Act, including Chapter xX
corporate reorganization provisions, and that at all times
material herein, the said IRVING M. WOLFF did repre-
sent the Trustee J. H. BROCK and did perform the nec-
essary services. - j

/

The Trustee, J. H. BROCK, has filed his Petition for -
an award of interim compensation asking that this Court
review from the date of his appointment, May 24, 1966, to
and including the 30th day of June, 1968, the status of
interim allowances heretofore -made to the Trustee and
credit said interim allowances to any interim fees which
this Court may award for the entire period of the trustee-
ship, and should any deficiency appear in the payment of
said fees, enter an Order accordingly. )

ie ea Se a ae oe

App. 51

IRVING M. WOLFF, the Trustee’s attorney in these
proceedings, did also file a similar Petition and both ap-
plications are accompanied by the required Affidavits
under the: Bankruptcy Act and Local Rule 10C, Bank-
ruptcy Rules of the United States for the Southern Dis-
trict of Florida. The Petitions were dyly and properly

served on all parties adversely affected under the date of

July-18, 1968, in accordance with the Certificate of Serv-
ice filed in these proceedings by the Trustee and counter-
signed by his attorney.

The notice given was adequate and in accordance
with this Court’s rulings. f
The record reflects that the Trustee did expend 2,414
hours and 30 minutes, and the Trustee did take into his
possession assets evaluated at $17,931,973.89. That at the
present time he retains possession of assets evaluated at
$2,200,000.00. That in: addition to the~ foregoing assets,
the Trustee has in the disposition of the business of the
estates handled $6,154,708.63 from the dave of his ap- -
pointment as Trustee to and including June 30, 1968. That
$502,664.84 represented: proceeds from disposals of
debtor’s. assets which in effect were utilized in the ad-
ministration of the estates, enabling secured creditors to
have their secured status maintained and protected, and

_ to further afford unseeured creditors the possibility of

participation m distribution in reorganization. It thus
appears that the Trustee did handle in excess of $23,000,-
000.00 in assets and cash during his administration.

By previous Order of Court, the Trustee has been
awarded $61,000.00 for and on account of interim fees for
services rendered in these proceedings as Trustee. This

2 Ria eu aia 2 ee ~
ss Sianids er iene —— —
. eel a

App. 52

Court has made no allowance to the Trustee for the
period commencing with July 1, 1967 and ending June 30, ra
1968, a period in which the Trustee expended 1,054 hours
and 30 minutes of the 2,414 hours and 30 minutes ex-
pended during the entire progress of these proceedings.

. The Court is of the opinion that the value of the
services rendered by the Trustee in these proceedings
should be established on the basis of an hourly award
involving the time expended, but that this award should
also take into consideration the extraordinary responsi-
bilities and the ability displayed by the Trustee in the
management and conduct of the affairs of the said
debtors and bringing order out of chaos. This Court has
by its previous orders made observations as to the ability
of the Trustee and the achievements that he has at-
tained in the services rendered to this estate as an officer
of this Court. si

ote Sy phe AA Bate tah a etre eee

\ : The.attorney for the Trustee has. filed his sworn
Petition to which are attached minute schedules of the -
_ time expended by the attorney for the Trustee from the
date of -his appointment as such attorney to and includ-
ing June 30, 1968. These schedules so filed and the testi-
mony rendered reflect that the attorney for the Trustee
3 has expended, since his appointment to and including
3 said 30th day of June, 1968, 2,394 hours and 30 minutes,
and he has received an interim allowance of fees for and
on account of said services of $72,500.00. No award has
been made for interim fees to the attorney for the Trus-
tee for the period commencing July 1, 1967 and ending
June 30, 1968, during which period of time the attorney.
for the Trustee did expend 1,605 hours and 15 minutes in
- these proceedings. ;

| & RAN ho oA SA Wie we te a Da

App. 53

The Court is full well familiar with the services per-
formed by the attorney for the Trustee and has com-
mented on said services in the previous allowances for
interim fees in these proceedings. The attorney for the
Trustee has alleged in his sworn Petition that he did
expend 95% of his time on mattérs of these estates dur-

ing the period commencing January 1, 1967, to and in-

cluding June 30,1968. His practice has been limited be-
cause he is a single practitioner and due to the press of
duties involved as attorney for the Trustee of the instant
estates, he has discouraged and refused to take matters *
which have been tendered to him, thereby of necessity
curtailing his practice. The Court must recognize also
that the attorney for the Trustee, in the maintenance

of his office, experiences an overhead.

A review of the application of the attorney for the
Trustee reflects that he seeks to have established an —

hourly charge from the commencement of the appoint-

ment to and including June 30, 1968, and to award in-
terim fees on the basis of said hourly rate and to credit
against said figure any and all previous interim allow-
ances heretofore made to the attorney for the Trustee.
That should there be any deficiencies due and owing to.

the said attorney for.the Trustee in accordance with said

formula, then this Court shall enter such necessary Or-
ders as it deems proper in its discharge of the said matter.

The record reflects that the attorney for the Trustee

~ is now defending four appeals in the United States Court |

of Appeals for the Fifth Circuit. That he has matters of
complicated ‘nature involving the Internal Revenue Serv-
ice of the United States of America before this Court in
order to determine availability to a reorganized company

EE EP PIA 6S X

App. 54

of various and divers tax losses under the tax loss carry
forward provisions of the Internal Revenue Code. That
he has. plenary and/or summary lawsuits in- progress to
recover void or voidable preferences in an amount in
excess of $600,000.00. That he. further has had matters
involving the obtaining of testimony from hesitant wit-
nesses, and that he has exhausted every avenue in the
handling of legal problems presented in the administra-
tion of the estates to safeguard every asset of the estates,
and has kept the Court, as well as the Trustee, fully in-
formed as to the legal developments with which the ad- .
ministration of the estates has been faced. In addition
thereto, a Plan of Reorganization has been promulgated
and presented to the Court, and the Court has directed
t me to be forwarded to the Internal Revenue Serv-
eof the Treasury Department of the United States of
Ame

erica for its opinions. ~~

-
©

Massachusetts Mutual Life Insurance Company filed |
objections to the last application made by the Trustee

and his attorney for interim remuneration, and the Trus-

tee filed a motion to strike portions . of said objections,

‘which motion was disposed of by an independent ruling
«entered by this Court. aan ;

The Trustee introduced testimony as to the reason-
ableness of his attorney’s fees, calling to the witness
stand an eminent practitioner before the courts of the
State of Florida and the United States District Court. for
the Southern District of Florida, a past president of. the
local Bankruptcy Committee of this Court, senior part-
ner of the law firm.of Jepeway & Gassen, the Honorable
LOUIS M. JEPEWAY. This witness testified that within
his experience in bankruptcy , proceedings, which dated

App. 55

back to 1931, that a reasonable interim allowance for the
attorney for the Trustee for the services rendered in a
highly complicated and difficult administration . during
the interim period under consideration would be a mini-
mum fee of $175,000.00 and a maximum of $200,000.00,
based upon the size of the estates, the complexity of the
matters and problems, the success in achieving ultimate

ends, and the conscientious and direct effort expended

by the attorney for the Trustee, in addition to the loss
of practice sustained by said attorney because of his
representation of the Trustee in this matter. Mr. JEPE-
WAY further. testified to the methods utilized by attor-
neys in Dade County, Florida in setting fees and as to

‘what the standards were. Mr. JEPEWAY, in his exami-

nation and cross examination, confirmed much of the in-
dependent judgment of the Court within its experience
as to the setting of fees and as to the value in accordance
with the services rendered and the achievements gained.

The objector presented no testimony other than the
hereinbefore referred to objections and the alluded to rul-

ings upon said objections.

This Court recognizes from the record that since July

| 1, 1967, the Trustee has either disposed of or abandoned

under Order of this Court the following properties:
BANYAN ARMS APARTMENTS (August 30, 1967) ;

SUNNYBROOK APARTMENTS (September 20,
1967 — Condemnation) :

BISCAYNE SHORES APARTMENTS (February
14, 1968) 7

——aeee

@ depron

Caine

_ App. 56
RAMADA INN, GAINESVILLE | February 29, 1968)

THE LISCHKOFF PROPERTY — PENSACOLA
(March 11, 1968)

THE HALLMARK PROPERTY — PENSACOLA \
(April 8, 1968)" a

THE COCOA BEACH 39-JNIT. APARTMENTS
(March 22, 1968) . as

“THE EDGEWATER BUILDING ' May 1, 1968) |
‘THE GRAY PROPERTY — (May 3, 1968)
THE CORAL GABLES PROPERTY ‘mtay10, 1968+

_ The Court does further recognize from the record, as
hereinbefore stated, that the Trustee at the present time
_ is engaged in prosecuting summary and-plenary suits seek-
ing to recover sums in excess of $600,000.00, and .that in -
preparation for said proceedings: a substantial amount of
testimony and exhibits have been adduced under Sections
‘Ta and 21a of the Bankruptcy Act, and by depositions. That
the Trustee’s paramount duty is one of total administra-
tion of ail of the assets of the estate and preservation of
choses in action, and each and every. right of the estate.
That the Trustee’s duties cannot be minimized by the ir-
responsible conclusion contained in the “objections filed by
Massachusetts Mutual Life Insurance Company that the
said Trustee is “a super manager”. Such a conclusion re-
flects that the pleader is not fully and completely familiar
not only with these proceedings but with the duties im-
posed upon a reorganization Trustee by the Bankrupt¢y

mat Pag ea hart Sr aon My os RAE Dota At ecw Sees pel Bee a eo A
-

MApp. 57°

Act. Comment on this portion of. the objections filed by .
Massachusetts Mutual Life,» Insurance Company cannot
be concluded prior t@ the Court’s making an additional’
observation that the said objector seeks to create the im-
pression that the Trustee had little or nothing by way of
property management to do, and therefore the Court has
hereinbefore set forth the duties of liquidations of assets
held by the Trustee in accordance with this Court’s Orders.
It does further:
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App. 63 f

‘APPENDIX |
N

UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

October Term, 1967 °

Os No. 25,303

D.C. Docket Nos. BK 66-28, 66-29 and 66-30 Wm
(Consolidated)

Sf |
MASSAGHUSETTS MUTUAL LIFE INSURANCE
ws COMPANY and COLLEGE INN, INC.,

Appellants,

versus bs

J. H.. BROCK, as Trustee of THE WINGREEN
- | COMPANY, ET AL., |
Appellees.

¢
Appeal from the United States District Court for the
Southern District of Florida.

Before THORNBERRY and SIMPSON, Circuit Judges
and slabs District Judge.

ee

Ss

App. 64
JUDGMENT

This cause came on to be heard on the transcript of
the record from the United States District Court for the
Southern District of Florida, and was argued by counsel ;

ON CONSIDERATION WHEREOF, It is now here
ordered and adjudged by this Court that the order ap-
pealed from in this cause be, and the same is hereby, re-
. versed, and that this cause be and the same is hereby re-

-manded to the Said District Court with directions, in
accordance with the opinion of this Court;

It is further ordered and adjudged that the appellees,

J. H. Brock as Trustee of The Wingreen Company, and

others, be cdndemned, in solido, to pay costs of this cause

‘

_ App. 68

IT IS ORDERED that the petition of appellee Brock
in the above entitled and numbered cause be and the same

is hereby DENIED.

U. S. Court of Appeals

FILED

January 6, 1969

Edward W. Wadsworth,
Clerk

App. 69

APPENDIX
Q

IN THE UNITED STATES COURT OF’ APPEALS
' FOR THE FIFTH CIRCUIT

No. 26,479

In the Matter of:
THE WINGREEN COMPANY
MASSACHUSETTS MUTUAL LIFE
INSURANCE COMPANY,,. .
ava at Appellant,

versus

J. H. BROCK, Trustee,
‘ Appellee.

No. 26,711 ¢

_In the Matter of:
THE WINGREEN COMPANY
MASSACHUSETTS MUTUAL LIFE
| INSURANCE COMPANY, ©

Appellant; |

versus

"J. H. BROCK, Trustee,
Appellee.

ad

Appeals from the United States District Court for the
Southern District of Florida

(January 45, 1969)

ON PETITION FOR REHEARING

eee

‘
j RLOGELEDDOYL OIE LIT LPO IIE OE

lentes otitis
ig OS ES Sy ne a OT eS TT NL Se Le: LAPS <-
AE EDAD ARSE “ROE.

App. 70

|. Before GWEN, BELL and DYER, Circuit ieee

PER CURIAM:

[PIS ORDERED that the petition of appellee Brock
for rehearing in the above entitled and numbered causes

/ be and the same is hereby DENIED.

ania Soe »

stenived nunc pro tunc as.of sesaniaid 6, 1969, this 15th
day of J anuary, 1969. |

a RK aS eee ate anal ais ny an CAE elon ROE
: "i

ec ee el Lee ©

_App. 71

* "ss APPENDIX

teal . . R ’
- \

IN THE UNITED STATES COURT OF APPEALS -
FOR THE FIFTH CIRCUIT

Case No. 25,303
No. 26,479
No. 26,711

a

MASSACHUSETTS. MUTUAL LIFE
. INSURANCE COMPANY,
) | Appellant,
vs.

-_ H. BROCK as Trustee of
THE WINGREEN COMPANY, et al.
«| vo } Appellee.

MOTION TO TAX COSTS

The Appellant, MASSACHUSETTS MUTUAL LIFE

INSURANCE COMPANY, by and through its undersigned

attorneys, moves this Honorable Court, pursuant to FRAP

| 39, to tax costs against the Appellee, J. H. BROCK, as

rr Trustee of The Wingreen Company, and in muppert there-
of shows unto the Court as follows: ,

1. Qn December 5, 1968 this Honorable Court entered
its opinion reversing the order of the United States Dis-
trict Court for the Southern District of Florida dated Feb-

App. 72

ruary 19, 1968. and ordered the reduction of ‘the fees
awarded to the Trustee to $25.00 an hour and the fees.
awarded to the attorney for the ‘krustee to $50.00 an hour.
Thereafter the Appellee filed a Petition for Rehearing and
on January 6, 1969 this Honorable Court denied the Peti-

‘tion for Rehearing.

2. Subsequent fee appeals were taken in Case No. |

26,479 and No. 26,711 and on December 5, 1968 this Honor-
able Court entered its Order directing the District Court
to reconsider the request for fees in accordance with the
opinion in Case No. 25,308, and stated:

“The facts and circumstances of these reorgani-
zation proceedings will not warrant the fees in
excess of $25.00 per hour for the trustee and
$50.00 per. hour for counsel for this period.”

. 3. Thereafter, this Court entered its opinion on Jan-
uary 15, 1969 nunc pro tunc as of January 6, 1969 denying

the petition of the Appellee Brock for rehearing in Case |

No. 26,479 and Case No. 26,711. After receiving a copy of

the notice that the Petition was denied on January 16,

1969, the Appellant requested the court reporter who had

_ printed the record on appeal and the Review Printing Com-

pany, to send him copies of their itemised statement of
their costs for their services showing the amount paid per
page so that the Appellant could proceed to tax costs in
accordance with the opinion of this Court. Because of the
work load of both George E. Ahern, and the Review Print-

ing Company there was a delay in-receiving a return of

the. requested information. The Appellant has now re-
ceived this information regarding the costs of the briefs
and the record, which is required by Rule 39 which be-

- eame effective on July 1, 1968, and which sets forth the

uniform procedure in the various Circuits for taxing costs.

7

.
ty

eC.

| re NES QL RATS Me Oo oaapar et ee ee

Apn. 73

4, While the Appellant. was in the process of ob-
taining the costs information to comply. with Rule 39, it

received a letter of transmittal dated January 31, 1969 =
from the Clerk of this Honorable Court directed to the

Clefk of the United States District Court enclosing a certi-
fied copy of the judgment of.this court, issued as and for
the mandate, together with a copy of the opinion. The let-

" _ ter-proceeded to state that incorporated on the judgment

is a detailed statement of the costs in this Court, as fol-
lows: “Docketing cause, etc., . . . $25.00 recoverable by ap-

. pellants from appellees.” ae

5. Since the parties were the same in-all three of
these fee appeals, involving the same Chapter 10 Reorgan-
ization case, Appellant is Setting forth all of the costs in-
volved in the three appeals in this one Petition.

The costs involved in Case No. 25,303 are as follows:

A. Invoice No. 034 dated May 1, 1968
from George E. Ahern official court
reporter, U.S. District Court, Miami,
Florida 33101 addressed to under-
signed counsel for Appellant for
printing 21 copies of Four Volumes of
‘Joint Appendix, and one Supple-
mental Volume, at a charge of $1.50 ©

_ , per page (no charge for binding, mail-
ing & photographing), for a total
charge of Bere oe aes $2,187.50
which was paid :

+

| App. 74
B. Invoice No. D-715 dated December 11,
1967 from Review Printing Company :
P.O. Box 589, Miami, Florida 33101 ; 2
for printing 35 copies of Appellant’s an
Brief at a cost of approximately $6.60
per page, including covers and bind- :
ing for a total charge of... ‘ 115.36

C._ Invoice No. 934 dated February 1, 1968
* of the Review Printing Company, for
printing 35 copies of Appellant’s 9-
page Reply Brief to Motion to Dis-
miss for lack of Jurisdiction [red
cover] at a charge of $6.07 per page
including covers and binding for a ,
Cota) Of ane nnnnnnnnnetennenenenpmrentermennenmnnnennn 43.78

D. Invoice No. 1462 dated May 15, 1968
; of the Review Printing Company-for
_ printing 35 copies of a 38-page Brief

of the Appellant on the Merits and
Appendix with Exhibits at a charge

of $4.50 per page... 171.00

printed covers .......... CRT S < «6.50

binding charges ........!-------8- 5.50

$183.00

_ eee miners aR 7.32
ee Ne as is 190.32

The Costs involved in Cases No. 26,479 and 26,711 are
as follows:

A. Invoice No. 1976 dated September 4,
1968 of the Review Printing Company
for 35 copies of a 34-page brief of
Appellant at $7.50 per page for $255.00

nn ey eet a EL

[es meee

Ap..76 \™

\
plus 85 copies of 19-page
‘printed appendix with exhib- ~
-its at $12.50 per pg. 237.50
_plus charges for special print-

ing of Financial statements in °

the exhibits, the binding and

, ae .. 127.80
Cee . $620.30
FO ertrrecciimtgsoen hecceghek 24.81 646.11

B. Review Printing Company for’ 35
- copies of an 18-page Reply Brief of.
Appellant at $7.50 per pg.,......... 185.00
plus $6.50 for printed covers;

plus $5.66 tax—total....... Sie: Joie 147.16 |
TOTAL COSTS ON APPEAL NO. 25,308........... $2,421.60
TOTAL COSTS ON APPEALS NOS.-26,479 &
CR oe ee $ 792.27

+

TOTAL OF ALL CONSOLIDATED CASES... $8,218.87

6. Rule 39D FRAP provides:

«* * * if the mandate has been issued before the

final determination of costs, the statement or

any amendment thereof, may be added to the
- mandate upon request to the Clerk of the Court
of Appeal.”

The Appellant has worked diligently to obtain the infor-
mation provided in this Motion so that the Court can tax .
costs. The.Appellant is filing this Motion for the Court to
tax costs because the mandate was issued before the costs
were fanally determined in this case.

oom.

a e

ae “ ‘a a

fv

App. 76 e

Wherefore, the Appellant moves this Honorable Court

to tax the costs in the total amount of $3,213.87 against the —

Appellee, J. H. Brock, Trustee in the above three com-

panion appeals, pursuant to the provisions of Rule 39(d)

FRAP. aes Bh Shier
Dated at Miami, Florida this 19 day of February, 1969.
DIXON, BRADFORD, WILLIAMS, |
McKAY & KIMBRELL, P.A.
’ 9th Fir. Dade Federal Savings Bldg.,
101 East Flagler Street
Miami, Florida 33131
Attorneys for Appellant

By: CARL K. HOFFMANN,
Of Counsel

STATE OF FLORIDA

COUNTY OF DADE

Before me, the undersigned authority, on this date
personally appeared CARL K. HOFFMAN who being
duly sworn deposes aru says that the statements contained
in the foregoing Motion to Tax Costs are true and correct.

ie CARL K. HOFFMANN
Sworn to & Subscribed before’ me this 19th day of
Feb. 1969. es Sieh 3
Catherine G. Ashley,
NOTARY PUBLIK, State of Florida at Large.

My Commission Expires April 25, 1969.
Bonded through Fred W. Diestelhorst.

Werte acs. Bi Adis hose eSigtiiteena Gol

App. 77
CERTIFICATE OF SERVICE

’WE HEREBY CERTIFY that a true and correct copy

of the foregoing Motion to Tax Costs was mailed to the

' offices of IRVING M. WOLFF, attorney for the Appellee,

916 Biscayne Building, Miami, Florida 33130 this 19 day

of February, 1969. .

DIXON, BRADFORD, WILLIAMS -
McKAY & KIMBRELL, P.A.
Attorneys. for Appellant —

By: CARL K. HOFFMANN,
Of Counsel

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385604_0898%3A2. Public record. Not legal advice.