Case 9:15-cv-81298-KAM Document 416-3 Entered on FLSD Docket 08/25/2017 Page 1 of 3

Case 9:15-cv-81298-KAM Document 228-24 Entered on FLSD Docket 03/03/2017 Page 1 of 3

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA IN RE: GUARDIANSHIP OF:

GUARDIANSHIP DIVISION

OLIVER BIVINS,

FILE NO: 502011GA000006XXXXSB

Incapacitated. / AGREED ORDER ON PETITIONS FOR PAYMENT OF ATTORNEY'S F E E S AND COSTS B Y T H E L A W FIRM OF CI KLIN L U B I T Z MARTENS & O'CONNELL, B I L L T. SMITH, JR. P.A., AND A G R E E D AWARD OF ATTORNEY'S F E E S AND COSTS TO PERLMAN, BAJANDAS. Y E V O L I & ALBRIGHT, P.L.

THIS CAUSE coming before the Court on various pending fee petitions filed by the law firm of Ciklin Lubitz Martens & O'Connell and Bill T. Smith, Jr., P.A., the Court having heard argument of counsel, all parties being in agreement, and the- Court being otherwise fully advised, it is thereupon ORDERED AND ADJUDGED as follows: 1.

As to Ciklin Lubitz Martens & O'Connell: a.

For all attorney's fees incurred through May 6, 2014, and for costs

sought in the petitions filed September 10, 2013, October 23, 2013, October 30, 2013, and May 6, 2014, for all matters billed hourly for the representation of Curtis Rogers, as Guardian, and for services and costs awardable pursuant to Florida Statute §744.108 - Fees awarded in the amount of $370,000.00; Costs awarded in the amount of $ ~fH £~7/. TO }

2.

As to Bill T. Smith, Jr., P.A.: a.

For all attorney's fees incurred through May 6,2014, and for costs

sought in the petitions filed May 15, 2013, July 2, 2013, and October 11, 2013,

EXHIBIT Exhibit 24

Case 9:15-cv-81298-KAM Document 416-3 Entered on FLSD Docket 08/25/2017 Page 2 of 3

:

Case 9:15-cv-81298 KAM Document 228-24 Entered on FLSD Docket 03/03/2017 Page 2 of 3 l a Re: Guardianship of Oliver W. Bivins File No: 502011GA0000006XXXXSB

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for all matters billed hourly for the representation of Curtis Rogers, as Guardian, and for services awardable pursuant to Florida Statute §744.108 - Fees awarded in the amount of $116,000.00; Costs awarded in the amount of $ / f J f i t f Z . g ? 3.

As to Perlman, Bajandas, Yevoli & Albright P.L.: a.

For all attorney's fees and costs incurred through May 6,2014, for

any services relating to the representation of Julian Bivins, with regard to Oliver Bivins, Sr., and for services awardable pursuant to Florida Statute §744.108 Fees awarded in the amount of $374,213.72; Costs awarded in the amount of $59,076.87. 4.

The attorney's fee and cost awards above shall be paid as follows: a.

First from the Oliver Bivins Management Trust ("Trust"); should

the Trust fail, for any reason, to make full payment of the awards in 1 - 3 above, within thirty (30) days of demand for same, then next from: (i)

The refinance or sale of 808 Lexington Ave., New York,

New York; and (ii)

Despite the provisions in number 4 above, at any time from

any other assets of the guardianship. 5.

No party to this agreed order is waiving any claims or defenses that may

be proper with regard to the hybrid contingency portion of the fees sought by Ciklin Lubitz Martens & O'Connell and/or Bill T. Smith, Jr., P.A. 6.

The award of the above attorney's fees and costs shall have the effect of a

Case 9:15-cv-81298-KAM Document 416-3 Entered on FLSD Docket 08/25/2017 Page 3 of 3

Case 9:15-cv-81298-KAM Document 228-24 Entered on FLSD Docket 03/03/2017 Page 3 of 3 la Re; Guardianship of Oliver W. Bivins File No: 502011GA0000006XXXXSB

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recordable lien and/or judgment against the guardianship and its assets. DONE AND ORDERED in Delray Beach, Palm. Beach County, Florida on the ___j_dayof

faMj

,2014.

*

f)

MARTIN H. COLIN Circuit Judge Copies returned: Brian M, O'Connell, Esq., 515 N. Flagler Dr., 20th Floor, West Palm Beach, F L 33401 [email protected] - [email protected] Ronald Denman, Esq., 1000 Brickell Ave., Suite 600, Miami, F L 33131 [email protected]@pbyalaw.com — [email protected]: Ronda D.Gluek, Esq., 980 N. Federal Highway, #402, Boca Raton, F L 33432 [email protected] Donna P. Levine, Esq., 3003 S. Congress Ave., Suite 1A, Palm Springs, F L 33461 [email protected]

416-3.pdf

O'CONNELL, BIL L T. SMITH, JR. P.A., AND AGREED AWARD OF. ATTORNEY'S FEES AND COSTS TO PERLMAN, BAJANDAS. YEVOLI &. ALBRIGHT, P.L.. THIS CAUSE coming before the Court on various pending fee petitions filed by. the law firm of Ciklin Lubitz Martens & O'Connell and Bill T. Smith, Jr., P.A., the Court.

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