Submitted: July 30, 2019
Appellant's Application for Attorneys Fees Denied Without
F. Schmittinger, Esquire and Candace E. Holmes, Esquire of
Schmittinger and Rodriguez, P.A., Dover, Delaware; attorneys
William D. Rimmer, Esquire and Nicholas E. Bittner, Esquire
of Heckler & Frabizzio, Wilmington, Delaware; attorneys
William L. Witham. Jr. Resident Judge.
before the Court, is Appellant James Blair, (hereinafter
"Appellant") and through his counsel, their
application for attorneys' fees pursuant to 19 Del.
C. § 2350(f). This application stems from the
Appellant's appeal from the Industrial Accident Board,
for which this Court reversed and remanded on April 5,
consideration of the parties arguments, and the Court's
prior decision, it appears to the Court that:
AND PROCEDURAL HISTORY
Court's factual and procedural findings from its April 5,
2019 decision are incorporated hereto.
of July 30, 2019, the Court is unaware of any action taken by
the Industrial Accident Board (hereinafter "IAB")
in regard to the Court's April 5, 2019 remand.
July 19, 2019, attorneys for the Appellant filed an
application for attorneys fees pursuant to 19 Del. C.
§ 2350(f) requesting $14, 150.00 based on
35.7spent by Ms. Holmes at an hourly rate of
$250.00 per hour and 4.5 hours spent by Mr. Schmittinger at
an hourly rate of $375.00, plus an additional one third for
the contingent nature of the litigation.
Counsel for Smyrna School District (hereinafter
"Appellee") filed their response, in ...