JELIN v. NRG BARRIERS, INC., 755 A.2d 388 (Del. 2000)

FREDERICK T. JELIN, Defendant Below, Appellant, v. NRG BARRIERS, INC., Plaintiff Below, Appellee.

No. 286, 1999.Supreme Court of Delaware.
Decided: April 14, 2000.

Chancery CA 15013.

Affirmed.

Unpublished Opinion is below.

FREDERICK T. JELIN, Defendant Below, Appellant, v. NRG BARRIERS, INC., Plaintiff Below, Appellee. No. 286, 1999. In the Supreme Court of the State of Delaware. Submitted: April 11, 2000. Decided: April 14, 2000.

Appeal from the Court of Chancery of the State of Delaware in and for New Castle County, C. A. No. 15013.

Before VEASEY, Chief Justice, WALSH, and HARTNETT, Justices.

ORDER
JOSEPH T. WALSH, Justice:

This 14th day of April 2000, upon consideration of the briefs of the parties and oral argument, the Court concludes that:

(1) The Court of Chancery correctly determined that the parties’ purported attempt at settlement did not foreclose the court’s authority to make an award of counsel fees. The award of counsel fees to NRG Barriers, Inc. was an issue specifically reserved by the court in its order granting final judgment on the merits of the parties’ dispute. Accordingly, under the unique circumstances of this case, the court properly exercised its residual jurisdiction to award counsel fees.

(2) We further conclude that the Court of Chancery did not abuse its broad discretion in fixing the amount of counsel fees. See Sugarland Indus., Inc. v. Thomas, Del. Supr., 420 A.2d 142, 149 (1980).

NOW, THEREFORE, IT IS ORDERED that the judgment of the Court of Chancery be, and the same hereby is, AFFIRMED.