post trial brief - AboutForsyth.com

4.
The Plaintiff (and their counsel) come before the Court asking for judgment for attorney fees.
They appeared also in Magistrate Court asking for the same fees. Plaintiff's attorney testified before
the court:
Q: You can't obtain a judgment on attorney fees, except those actually incurred, correct?
A: Correct.
Both Plaintiff and Plaintiff's counsel know that judgment on attorney fees cannot issue except for those
fees “actually incurred”. Therefore, in conspiracy together, they have submitted to the Magistrate
Court and to this Superior Court through discovery materials a falsified statement of expense in order
to obtain that judgment in Magistrate Court and in support of such judgment herein.
5.
Plaintiffs have wrongfully sought and obtained through submission of falsified expense
statements a judgment for attorney fees which can only be obtained for fees “actually incurred”, i.e.
actually paid. Plaintiff's law firm, Weissman, Nowack, Curry & Wilco have even written a treatise
posted on the internet regarding the collection of attorney fees, Exhibit 3:
The reason for that is that attorneys get blinded by the desire to collect their fees in a contingency
situation and they do not perform their statutory obligation of looking out for the interests of the
homeowners! As has transpired in this very case.
6.
Even though, hamstrung by a premature trial and without the benefit of requested discovery,
Defendants have shown at trial that the ILNPOA has misappropriated homeowner funds and cared
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