IN THE SIXTH JUDICIAL CIRCUIT COURT IN AND FOR PINELLAS COUNTY
CIVIL CASE NO. 04-003443-CI-07

Berhardine Timmerscheidt, individually, and as
Custodian of the Berhardine Timmerscheidt IRA,

Plaintiffs,

vs.

Michael K. McNulty,

Defendant.
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FINAL JUDGMENT

This action came before this court upon Plaintiffs’ Motion for Final Judgment and after review of the pleadings, and receipt of evidence as this court deems appropriate, it is Ordered and Adjudged as follows:

1. This Court has jurisdiction over this matter and the person of the Defendant, Michael K. McNulty. Default was duly entered against the Defendant in this matter. Subsequent to the entry of said default, upon the motion of the Plaintiff, this Court confirmed the Arbitration Award of the NASD Panel which found among other things that the Defendant violated Florida Statute 517.301. (NOTE: The Defendant, Michael K. McNulty, received notice of this hearing and the petition with accompanying materials and was not present at the time of the conclusion of the hearing at 10:00 a.m. on September 8, 2004). Accordingly, this Court FINDS that the Defendants are liable to the Plaintiffs for attorney’s fees per Florida Statute 517.211(6).

2. After review of the pleadings and affidavits as well as receipt of testimony and argument of counsel in this file, this Court finds:

The reasonable hourly rates for the designated attorneys and para-professionals are:

Jeffrey P. Coleman, Esquire $ 350.00
Stephen Snyder, Esquire $ 300.00
Frances Curran, Esquire $ 300.00
Lynn Adams Buckley, Paralegal $ 125.00
Heather A. Ledger, Paralegal $ 100.00

3. The number of hours reasonably expended by each of the above-designated individuals is:
Jeffrey P. Coleman, Esquire - 45.6
Stephen Snyder, Esquire- 49.3
Frances Curran, Esquire 1.4
Lynn Adams Buckley, Paralegal - 57.7
Heather A. Ledger, Paralegal 4.9

4. That this Court therefore finds that the reasonable attorneys’ fee totals $38,872.50 which is comprised of $31,170.00 in attorney time and $7,702.50 in paralegal time.

5. Additionally, this Court hereby determines that the Plaintiff is entitled to a multiplier against the attorney’s fee (not paralegal fees) in the amount of 2.5. Thus, the total due for the multiplier fees shall be $77,925.00 ($31,170.00 x 2.5 = $77,925.00).

6. Plaintiffs shall therefore recover from the Defendant the amount of $116,797.50 for her attorneys fees plus interest from the date of the arbitration award which determined the matter of entitlement of attorneys fees (that being April 28, 2004) at the present legal rate of seven 7%. Defendant, Michael K. McNulty, is also liable for costs incurred in the prosecution of these confirmation proceedings in the amount of $1,195.00 (comprising $495.00 as shown by Jeffrey P. Coleman’s affidavit plus $700.00 expert witness fee).

7. Further, in accordance with the Arbitration award confirmed by this Court, the Defendant is liable thereon in the sum of $163,888.75 plus interest from the date of the award (that being April 28, 2004) at the legal rate of 7%.

8. IT IS THEREFORE ORDERED AND DECREED, that the Defendant, Michael K. McNulty is liable to the Plaintiff, Berhardine Timmerscheidt in the aggregate sum of $281,881.25. Said sum shall accrue interest from April 28 2004 at Florida statutory judgment interest rate which is currently 7% per annum.

9. This Court reserves jurisdiction for such other relief as may be deemed appropriate.

FOR ALL OF WHICH SUM LET EXECUTION ISSUE.

DONE in Chambers on this ___ day of September, 2004.

______________________________
The Honorable Bruce Boyer
Circuit Judge

Judgment Debtor: Judgement Creditor: Attorney for Judgement Creditor
Mr. Michael K. McNulty Berhardine Timmerscheidt Jeffrey P. Coleman, Esq.
86 Old Farm Road 2700 Jarvis Circle 581 S. Duncan Avenue
Levittown, NY 11756 Palm Harbor, FL 34683 Clearwater, FL 33756
SS#126-28-2706 (727) 461-74741

Copies provided to:
Michael K. McNulty
Jeffrey P. Coleman, Esq.
Berhardine Timmerscheidt