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STEWART TITLE GUAR. CO. v. LEWIS

788 A.2d 941 (2001)

347 N.J. Super. 127

STEWART TITLE GUARANTY COMPANY; and Twenty First Century Title Incorporated, Plaintiffs, v. Vivian D. LEWIS; State of New Jersey; United Jersey Bank; Summit Bank; and Louise Stanford, Defendants.

Superior Court of New Jersey, Chancery Division, Monmouth County.

Decided July 20, 2001.

Attorney(s) appearing for the Case

Deirdre Gallagher, Parsippany, for plaintiffs (Greiner, Gallagher & Cavanaugh, L.L.C., attorneys).

Joseph M. Casello, for defendant Vivian D. Lewis (Broege, Neumann, Fischer & Shaver, L.L.C., Manasquan, attorneys).

FISHER, P.J.Ch.

I

R.4:42-9(a)(4) permits counsel fee awards in mortgage foreclosure actions based upon a specific formula unrelated to the actual legal services rendered. One trial court recently claimed the discretion to downwardly adjust a fee award1 but now this court is asked to upwardly adjust a fee for equitable reasons. Because of the rule's unmistakable rigidity, the court concludes that no such discretion...

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