Gambino v. Boulevard Mortgage Corp. (398 Ill. App. 3d 21, 2009)

JUSTICE ROBERT E. GORDON

delivered the opinion of the court:

These consolidated appeals arise from an action to quiet title to three parcels of real estate and to recover damages for slander of title filed in the chancery division of the circuit court of Cook County. Joseph J. Gambino (Gambino), as beneficiary of three separate land trusts, and North Star Trust Company (North Star), as trustee under land trust agreements Nos. 13534, 23985, and 23994, filed this action to quiet title to the three parcels of real estate and to recover damages for slander of title against certain defendants. The subject properties are located at 7460 North Milwaukee Avenue in Niles, Illinois (Niles Property), 2738-40 North Kedzie Avenue in Chicago (Kedzie Property), and 3619 North Lavergne Avenue in Chicago (Lavergne Property). Gambino suffered a heart attack during his discovery deposition in this matter and died shortly thereafter. Joseph M. Gambino was substituted as party plaintiff as independent administrator of his father’s estate.

After a two-week bench trial in late October and early November of 2007, the trial court found in favor of plaintiffs on all counts of their complaint declaring (1) title to the subject properties was vested in North Star under trust agreements Nos. 13534, 23985, and 23994, and (2) all purported inconsistent instruments of title and any clouds on title to the subject properties, including mortgage liens, were void. Further, the trial court awarded plaintiffs (1) compensatory damages of $595,574 and (2) punitive damages of $675,000 as follows: $500,000, jointly and severally, against defendants Salvatore DiBenedetto, Vin-cenzo DiBenedetto, Dennis Koonce, Boulevard Mortgage Corporation, and Title America, Inc., and $175,000, jointly and severally, against defendants Stephen Wolf and W.W Funding, L.L.C. We affirm.

BACKGROUND

1. The Pleadings

Plaintiffs’ verified “Corrected Second Amended Complaint” contained six counts, two counts as to each of the three subject properties. As to each of the properties, one count sought to quiet title and a second count alleged slander of title. The allegations of the complaint common to all six counts were as follows. Gambino, 73 years old at the time of his death in 2006, owned and operated the United Transmission Center (United), an Illinois corporation, a motor vehicle transmission repair business located at the Niles Property. The La-vergne Property consisted of a four-unit, multifamily apartment building that Gambino owned for “investment purposes.” In October 2002, Gambino met with his nephew, defendant Salvatore DiBenedetto (Sal), whom Gambino believed to be a mortgage broker, to assist him in refinancing one or more of his properties in order to pay off certain financial obligations. Over the following two months, Gambino and Sal had several discussions, during which Sal obtained information concerning Gambino’s business and assets, including information regarding the subject properties.

The complaint alleged that Sal represented to Gambino that he and several real estate investors were interested in purchasing the Niles and Kedzie Properties and the transmission business. Sal suggested that the transmission business should be managed by his brother, defendant Enzo DiBenedetto (Enzo). Gambino refused. Shortly thereafter in 2003, Sal offered to purchase the Lavergne Property in a written purchase agreement with an offer of $550,000. Gambino never accepted the offer.

The complaint further alleged that Sal personally loaned Gambino $70,000 to be repaid upon future refinancing or sale of any of the subject properties. The complaint alleged that Sal requested permission to remove underground liquid storage tanks at the Niles Property prior to any transfer of the property, and Gambino refused.

The complaint further alleged that Gambino never: (1) signed any agreement regarding the conveyance of any of the subject properties, or the purchase of United; (2) authorized Sal or anyone else to place liens or encumbrances upon any of the subject properties, including any mortgages; (3) authorized anyone to affix his signature to any document concerning any of the subject properties; or (4) directed his land trustee North Star to transfer title or his beneficial interest in the subject properties to anyone.

The complaint further alleged that Sal, Enzo, Boulevard, and defendants Dennis Koonce and Title America, Inc. (Title America), “participated in” forging deeds, and other documents, to “procure and secure” mortgages on those properties. The complaint alleged that Koonce, an attorney, participated in each of the transactions that purported to convey title to the subject properties. Additionally, the complaint alleged that Boulevard and Title America are both owned and controlled by Koonce, that Boulevard was the ultimate grantee in a series of forged deeds pertaining to the Lavergne Property, and that Title America acted as title agent with regard to all but one of the transactions that purported to convey title to the subject properties.

Count I of plaintiffs’ complaint, pled against Sal, Enzo, Koonce, Boulevard, Title America, and Washington Mutual Bank, sought to quiet title to the Lavergne Property. Count I of plaintiffs complaint alleged that in May 2003, a mortgage lien in favor of LaSalle Bank existed on the Lavergne Property, with a principal balance of approximately $200,000. On May 5, 2003, LaSalle “informed” Gambino that the mortgage had been paid in full although Gambino was unaware of this transaction.

Count I further alleged that unbeknownst to plaintiffs, Sal, Enzo, Koonce, Boulevard, and Title America recorded against the Lavergne Property: a forged trustee’s deed purportedly executed by North Star, conveying title to the Lavergne Property to Koonce; a mortgage naming Koonce as the borrower and Equity Plus, Inc., as the lender, with a principal sum of $400,000; a mortgage naming Koonce as the borrower and Washington Mutual as the lender with a principal sum of $406,000; and a quitclaim deed, listing Koonce as the grantor and Boulevard as the grantee. Count I further alleges that Sal, Enzo, Koonce, Boulevard, Title America and Washington Mutual knew or should have known that the purported trustee’s deed conveying title to Koonce was forged.

Count II of plaintiffs’ complaint, pled against Sal, Enzo, Koonce, Boulevard, and Title America, seeking compensatory and punitive damages, alleges slander of title with regard to the Lavergne Property.

Count III of plaintiffs’ complaint, pled against Sal, Enzo, Koonce, Title America, W.W. Funding, L.L.C. (WW Funding), Stephen Wolf, and Plaza Bank, sought to quiet title to the Niles Property. Count III alleged that in the early fall of 2003, Reuben Zippershtein told Gambino that he was the mortgagee to the Niles Property and that the mortgage was in default. On January 21, 2004, Zippershtein filed suit to foreclose the mortgage. On July 9, 2004, Zippershtein voluntarily dismissed the foreclosure suit and executed a release deed of the recorded mortgage on the Niles Property.

Count III alleged that the Zippershtein mortgage was a result of forged and unauthorized instruments which were recorded by Sal, Enzo, Koonce, Boulevard, Title America, Wolf and WW Funding. Count III further alleged that the following illegal instruments were recorded against the Niles Property: a forged trustee’s deed, purportedly executed by North Star, conveying title to the Niles Property to “Joseph J. Gambino”; a mortgage naming “Joseph J. Gambino” as the borrower and Zippershtein as the lender, with a principal sum of $200,000; a warrantee deed, listing “Joseph J. Gambino” as the grantor and WW Funding as the grantee; a mortgage, naming WW Funding as the borrower and defendant Plaza Bank as the lender, with a principal sum of $445,000; and an assignment, purporting to assign rents from WW Funding to Plaza Bank. Count III further alleged that Sal, Enzo, Koonce, Boulevard, Title America, WW Funding, Wolf, and Plaza Bank knew or should have known that the purported trustee’s deed conveying title to “Joseph J. Gambino” was forged.

Count IV of plaintiffs’ complaint, pled against Sal, Enzo, Koonce, Boulevard, Title America, WW Funding, and Wolf, seeking compensatory and punitive damages, alleged slander of title with regard to the Niles Property.

Count V of plaintiffs’ complaint, pled against Sal, Enzo, Koonce, Boulevard, Title America, WW Funding, Wolf, and Plaza Bank, sought to quiet title to the Kedzie Property. Count V alleged that the following illegal instruments were recorded against the Kedzie Property: a forged trustee’s deed, purportedly executed by North Star, conveying title to the Kedzie Property to “Joseph J. Gambino”; a forged war-rantee deed, listing “Joseph J. Gambino” as the grantor and 21st Century Financial Planners, Inc. (Century), as the grantee; a special warranty deed, listing Century as grantor and WW Funding as grantee; a mortgage naming WW Funding as the borrower and Plaza Bank as the lender, with a principal sum of $350,000; and an assignment, purporting to assign rents from WW Funding to Plaza Bank. Count V further alleged that Sal, Enzo, Koonce, Boulevard, Title America, WW Funding, Wolf, and Plaza Bank knew or should have known that the purported trustee’s deed conveying title to “Joseph J. Gambino” was forged.

Count VI of plaintiffs’ complaint, pled against Sal, Enzo, Koonce, Boulevard, Title America, WW Funding, and Wolf, seeking compensatory and punitive damages, alleged slander of title with regard to the Kedzie Property.

As noted, defendants Koonce, Boulevard, Title America, and WW Funding filed counterclaims which included claims to quiet title to the subject properties. The Koonce defendants’ (Koonce, Boulevard, and Title America) verified amended counterclaim contained five counts. Count I of the Koonce-related defendants’ counterclaim sought a judgment to quiet title to the Lavergne Property in favor of Boulevard. Counts II, III, IY and V of the Koonce defendants’ counterclaim alleged unjust enrichment, fraud, intentional interference with a business relationship, and slander of title, respectively.

Further, the Koonce defendants raised affirmative defenses to plaintiffs’ complaint consisting of waiver, estoppel, ratification, and laches.

WW Funding’s counterclaim was filed in two counts. One count concerned the Kedzie Property and the other count concerned the Niles Property. In each count WW Funding sought to quiet title or, in the alternative, to obtain reimbursement from Gambino’s estate for various sums.

2. Overview of the Events Leading to Trial

As noted, this case was tried as a bench trial over a two-week period in late October and early November of 2007. In order to provide context for the testimony presented in this case, we will provide an overview of the events leading to trial, including a description of the real estate closings, the disbursement of funds, and the parties’ involvement in those closings.

It is undisputed by the parties that Gambino was in serious financial debt in the summer of 2002, owing overdue payroll and real estate taxes. United, Gambino’s motor vehicle transmission repair business, had failed to pay payroll taxes since 1999 and owed the Internal Revenue Service (IRS) approximately $125,000 to $150,000 for back taxes, penalties, and interest. Gambino was in danger of losing properties, which had been sold to tax buyers for unpaid real estate taxes that were past due.

By June 2002, the payroll taxes had gone unpaid for years, and the IRS threatened to levy on United and close it down, seize its assets, and/or personally assess Gambino for the outstanding moneys due. In June 2002, Gambino hired Jeffrey Pritikin, who testified in plaintiffs’ case-in-chief. Pritikin testified he was an accountant and an “enrolled agent” licensed to represent taxpayers before the IRS. He testified that one can become an “enrolled agent” by working for the IRS for five years, and he had worked for the IRS for seven years. He is not an attorney and not a certified public accountant.

Pritikin testified that Gambino told him that he intended to borrow money by using the subject properties as security; in September 2002, Gambino approached his nephew Sal, who “had contacts” in the mortgage industry. Pritikin spoke with Sal, who claimed he was able to arrange a loan for Gambino and provided Pritikin with a commitment letter to present to the IRS to “stall” any seizure of Gambino’s or United’s assets. Pritikin submitted a form to the IRS which contained a description of the subject properties and their corresponding values, which were less than the values of what the subject properties were appraised for.

Six transactions, two as to each of the subject properties, form the basis of plaintiffs’ complaint to quiet title and for damages for slander of title. The testimony at trial concerning the transactions, and the circumstances surrounding them, indicate the following. The witnesses whose testimony provides the basis for the following synopsis were called as witnesses in plaintiffs’ case-in-chief, and they testified without objection under the Dead-Man’s Act (735 ILCS 5/8 — 201 (West 2006)), as did Pritikin.

Sal sought a collateral-based lender for the Niles Property in the summer of 2002. He met with Wolf and explained what he was looking for. Wolf spoke with his associate, Reuben Zippershtein (since deceased), a “hard money” lender, who made a loan on the property. Sal testified that Zippershtein agreed to loan Gambino $200,000 to be repaid in one year, and that Zippershtein advised Gambino to direct North Star to convey legal title to Gambino because a loan could not be procured if legal title was held in trust.

Maritza Castillo, a senior trust officer for North Star, testified that Gambino executed three written directions to convey legal title to Gambino from the land trusts. He told her that he was going to refinance the properties and required legal title conveyed to him personally.

Koonce testified that in October 2002, at Sal’s request, he began to give money to Sal and Enzo for what he believed were loans to Gambino. Koonce testified that he signed numerous checks payable to Sal and Enzo and gave them to Sal frequently over a period of about three years totaling of $157,300.

Sal testified that he arranged for an appraisal of the Niles Property, for which he and Enzo both testified Enzo paid the appraiser $5,000. Gambino accompanied the appraiser through the property during the appraisal. The property was appraised at $550,000, and the appraisal report was delivered to Zippershtein’s office. Sal testified that he obtained an estimate of redemption for the past-due real estate taxes owed on the Niles Property and forwarded copies to Zippersh-tein, Gambino, and Koonce. Real estate taxes had not been paid since 1999 and the property had been sold to a tax buyer.

Stephen Fritzshall, Zippershtein’s attorney, testified that Zipper-shtein telephoned him to drop everything to prepare the legal documents to “save Gambino’s business and property.” Koonce faxed Fritzshall wire instructions and provided a copy of the title commitment issued by Title America.

The first closing related to the Niles Property occurred on December 20, 2002. Sal testified that he obtained the closing documents from Koonce and Fritzshall, the trustee’s deed conveying title to Gambino and other documents from Gambino, “got the transfer tax exemption stamp in Niles, and went to Zippershtein’s office for the checks and a conference call with Koonce.” Fritzshall, Zippershtein, Sal, and Wolf were present, with Koonce representing the title company and assisting by telephone. Koonce transmitted to Fritzshall an insurance binder and a signed Housing and Urban Development (HUD) settlement statement signed by Koonce and purportedly signed by Gambino.

Koonce testified that he made disbursements on behalf of Title America pursuant to Gambino’s purported letter of direction, which was delivered by Sal. Disbursements were made to the following:

Stephen Wolf $5,250 (commitment fees)

Adam Wolf $4,000 (commitment fees)

Zippershtein $15,750 (commitment fees)

December Interest $3,000 (on Zippershtein mortgage)

Fritzshall $1,500 (attorney fees)

Mortgage Escrow $33,000 (11 months of payments on mortgage)

Sal $53,141.91 (for back taxes)

Enzo $5,000 (appraisal fee)

Lawyers Title $282 (title policy, etc.)

Koonce, Title America $1,490 (closing fees)

Gambino $52,586.09

Sal $25,000 (Sal testified that the moneys went to Gambino)

$200,000 Total

Sal testified that he obtained a cashier’s check at Harris Bank for the property taxes and cashed the check payable to him, paid the outstanding real estate taxes, drove to Gambino’s office in Niles and gave him copies of the tax paid receipts and of the title company checks, and $25,000 in cash and cashier’s checks (Sal could not recall what portion of the $25,000 was in currency or cashier’s checks). Sal obtained the deed at Koonce’s office on December 26, 2002, and had it recorded at the Cook County recorder of deed’s office in Markham, Illinois.

Within a month of the first transaction concerning the Niles Property, Sal contacted investors, including Wolf, as funding sources for a loan on the Kedzie Property. Wolf testified that he was not interested in lending money on the Kedzie Property but that he telephoned investor David Azran and asked Azran if he wanted to make a loan. Azran agreed to do so through his company, 21st Century Financial (Century). Sal testified that he was introduced to Stephen Richek, Azran’s attorney.

Century purportedly loaned Gambino $200,000, through a sale and lease back of the Kedzie Property, which was to include a purchase option to Gambino. Century was to hold title for a year, receive $3,000 per month pursuant to the purported lease, maintain a reserve for interest, taxes, and insurance and funds to cover all the costs of the loan and the fees involved, and, if Gambino did not pay off the loan in a year, keep title.

Richek prepared the legal documentation for the transaction. Marc Smith was also involved as attorney for the Wolfs in the transaction and prepared some of the documentation. Estimates of redemption for the outstanding Kedzie Property real estate taxes were obtained by Sal.

The closing took place on January 17, 2003. Sal delivered what purported to be a trustee’s deed for the Kedzie Property conveying title to Gambino. Sal testified that he picked up closing documents from Koonce and the deed and other documents from Gambino, and delivered them to Richek at Zippershtein’s office. He testified that he obtained a $200,000 check from Century at Zippershtein’s office and delivered it to Koonce. Azran was not at the closing. The lease purporting to have Gambino’s signature was signed by Richek on behalf of the lessor.

The following disbursements were made at the January 17, 2003, closing relating to the Kedzie Property:

Century $9,250 (January rent ($3,000) & loan fee)

Steven Wolf $6,250 (commitment fee)

Adam Wolf $6,250 (loan fee)

Harris Bank $30,274.83 (back taxes)

Marc Smith $2,500 (attorney fees)

Zippershtein $6,250 (commitment fee)

Richek $500 (attorney fees)

Chesterfield Insurance $3,368 (insurance)

Lawyers Title $2,134

Title America $1,190 (title insurance)

Lease Payment $3,000 (February lease payment)

Norman Trust Account $25,000 (the disbursement sheet notes that this amount was to “pay off investor” at trial, Sal admitted that this amount was used to fund a settlement of a lawsuit against him for fraud)

Casale, Woodward & Bulls $5,372.72 (attorney fees)

Lease Escrow $30,000 (10 months of lease payments)

Water Certificate Escrow $8,000

James Halle $16,000 (cash purportedly given to Gambino)

Mark Guillermo $9,660.45 (cash purportedly given to Gambino)

Papiese $25,000 (cash purportedly given to Gambino)

Gambino $10,000 (cash Gambino acknowledged he received)

$200,000 Total

The deed was recorded on January 23, 2003.

In January 2003, after the two aforementioned closings had already occurred, Gambino returned the three North Star trustee’s deeds he had obtained in December 2002 to North Star, which cancelled the deeds.

The first closing related to the Lavergne Property occurred on April 30, 2003, at Lawyers Title. A mortgage lien in favor of LaSalle Bank existed on the Lavergne Property.

Prior to closing, Koonce applied for and obtained a $400,000 loan from Equity Plus. Equity Plus later assigned its mortgage to Countrywide Mortgage. Sal delivered a trustee’s deed to Lawyers Title dated April 28, 2003, purporting to convey legal title on the Lavergne Property from North Star as trustee to Koonce. Koonce transferred the assignment of rents from the leases on the four Lavergne Property apartments on May 1, 2003, to Countrywide.

The following disbursements were made on the refinancing:

Chesterfield Insurance $3,628 (insurance premium)

Koonce $32,926.71 (payment escrow for mortgage payments for one year)

SBC Ameritech $4,470 (for Gambino’s past-due account)

Equity Plus $3,337.15 (loan fees)

Countrywide Funding $3,100 (loan fees)

Harris Bank $10,000 (cash purportedly given to Gambino)

Enzo $10,000 (cash purportedly given to Gambino)

Enzo $110,000 (wired funds purportedly given to Gambino)

$400,000 Total

A second closing concerning the Lavergne Property occurred on December 17, 2003, when Koonce refinanced the property for just over $400,000 from Washington Mutual. Koonce applied for the loan as borrower and quitclaimed title to the Lavergne Property to his mortgage company, Boulevard, on the day of closing.

At closing, the balance of the Countrywide loan, $399,896.60, was paid. Overdue real estate taxes, in the amount of $2,487.83, were also paid. Settlement charges, including loan fees, interest, title charges, and recording fees, were paid in the amount of $3,222.05.

A second closing also occurred when the Kedzie Property was refinanced in December 2003. Century had not been paid on its mortgage for the loan it made on the Kedzie Property. In December 2003, Sal met with Wolf and told him that Century was going to take title to the Kedzie Property, and asked if Wolf would provide a loan to prevent its loss. Wolf testified that he met with Sal and Gambino, and that during that meeting Gambino told him that Sal was authorized to act on his behalf with regard to any loan secured by the Kedzie Property. Wolf made the loan through his company, WW Funding.

The transaction was structured so that the Century loan would be repaid and the property would be conveyed to WW Funding as collateral for the loan. WW Funding borrowed $350,000 from Plaza Bank, took title to the property, paid the Century mortgage, and granted an option to purchase the property to Koonce. The option provided that if the loan from Plaza was paid within a year, WW Funding would convey title to Koonce. Sal testified that he received a document prepared by Richek or Marc Smith assigning the purchase option, under the lease of the Kedzie Property from Century to Gambino (as noted, the first transaction involving the Kedzie Property was structured as a “sale/ leaseback”), to WW Funding. Sal testified that he obtained Gambino’s signature on that document and returned the executed assignment to either Richek or Smith.

The following disbursements were made on this refinancing:

Tax Escrow $1,988.14 (for payment of future real estate taxes)

Plaza Bank $5,250 (loan fees)

Plaza Bank $200 (loan document preparation fees)

Flood Certificate $15

Tax Service Fee $50

Century $218,008.49 (mortgage loan payoff)

Marc Smith $42,000 (escrow for monthly rent payments under agreement granting Koonce purchase option)

WW Funding $33,738.74 (“cash to borrower”)

WW Funding $25,800 (commitment fee & $800 insurance payment)

Lawyers Title $2,380 (recording fees, tax transfer stamps)

(settlement & title insurance) Title America $2,511.50

Cook County Collector $17,808.13 (back real estate taxes)

Water Certificate $250

$350,000 Total

A second closing related to the Niles Property for refinancing occurred in June 2004. The December 2002 Zippershtein loan had not been paid. Fritzshall sent a letter to Gambino in December 2003, demanding payment. On January 16, 2004, Gambino sent a letter to Fritzshall, denying the existence of the loan. Zippershtein filed a mortgage foreclosure action and later voluntarily dismissed the case. Link testified that in 2004, Gambino told him that the foreclosure action filed by Zippershtein was being dismissed because “somebody had paid off the loan.” An agreed order of dismissal entered in that action stated that the “debt at issue was paid in full.”

Koonce testified that Enzo, who had planned on acquiring Gambi-no’s business and the buildings housing the business, desired an option to purchase the business and property. The transaction was structured as a refinance, with WW Funding borrowing $445,000, to pay off the Zippershtein mortgage, and providing Koonce with an option to purchase the property for $230,000. Koonce testified that the option was actually for Gambino’s benefit, because Gambino had financial issues and did not have enough credit to structure a deal. Koonce was creditworthy and would be able to secure financing to “save” the property.

An agreement purportedly signed by Gambino allowed WW Funding to acquire title to the Niles Property and grant an option to Koonce to purchase the property for $230,000, the amount necessary to pay off the Zippershtein loan. Sal testified that he obtained Gambino’s signature on the agreement and also had him sign a warranty deed to WW Funding that he had notarized. Sal further testified that Gambino signed a power of attorney authorizing Sal to sign any documents necessary to complete the transaction.

The closing occurred at Attorneys Title. Sal signed documents on behalf of Gambino, including the HUD statement. WW Funding borrowed $445,000 from Plaza Bank, took title to the property, and paid off the Zippershtein mortgage.

The following disbursements were made at closing:

Zippershtein $231,680.08 (mortgage loan payoff)

Pullman Bank $6,675 (commitment fee)

Plaza Bank $830 (closing fees)

Plaza Bank $45,000 (underground tank removal escrow)

Real Estate Capital Corp. $6,675 (commitment fee (Adam Wolfs brokerage firm))

County Taxes $7,535.88 (real estate taxes)

Attorney Title $2,636.50 (state & county stamps, title insurance, etc.)

Recording Fees $82

Courier $30

Marc Smith $7,500 (attorney fees)

Water Certificate $1,184.16

Balance to WW Funding $135,171.38

$445,000 Total

Gambino received nothing.

In July 2004, after the claimed refinancing of the Niles Property, Gambino refused to allow workers to remove the underground tanks. In the fall of 2004, Enzo, Sal, and Gambino met with Gambino’s first cousin Thomas Gambino (Thomas), who also is Sal and Enzo’s uncle, in an attempt to resolve some of the problems they were having. Thomas testified that at the meeting, Gambino confirmed that he had discussed selling the subject properties with Sal and Enzo, and had agreed to let Sal sell one of his properties, and if that worked out to proceed with the others, and talked with Enzo about purchasing United.

At the meeting, Thomas testified that Gambino said that he wanted his properties back. Sal said he could not make that happen at that time; the deal had to be completed or Gambino would lose everything.

In December 2004, Gambino executed a letter to Enzo and Sal “to stop all activity relating to the pending business transaction involving the businesses and properties.” When Enzo was cleaning up the Kedzie Property in February 2005, Gambino called the police and Enzo was charged with criminal trespass. Enzo was found not guilty after a bench trial. In March 2005, Gambino and North Star filed this action.

3. Trial

The following testimony was presented at trial.

a. Plaintiffs’ Witnesses

Gambino’s widow, Catherine, was called as a witness at trial. She testified that she was married to Gambino on November 15, 1952, and that the two remained married until Gambino’s death in 2006. After serving in the military for approximately 10 years, Gambino started a transmission repair business (United) in the 1960s at the Kedzie Property.

Catherine testified that she was familiar with Gambino’s signature. She identified plaintiff’s exhibit No. 44, which contained a series of handwriting samples, marked K1 through K36, which she identified as her husband’s signature. She then reviewed plaintiff’s exhibits Nos. 5 through 43, which consisted of legal documents purportedly signed by Gambino concerning the subject properties. She testified that the signatures contained on the documents were not Gambino’s signatures.

On cross-examination, Catherine testified without objection that she was aware that Gambino spoke to Sal and Enzo regarding business matters, but did not know the details of those conversations. She identified her signature as well as Gambino’s signature on a mortgage loan commitment dated November 29, 2002, signed by Sal on behalf of Boulevard relating to the procurement of a mortgage on her residence. Catherine testified that Gambino was attempting to obtain loans due to financial difficulties he was experiencing, including back taxes owed to the IRS.

Maritza Castillo testified at trial. She testified that she was employed by North Star as trust officer for six years prior to the trial in this matter. She testified that Gambino was the sole beneficiary of the land trusts held by North Star under trust agreement Nos. 13534, 23985, and 23994, until the time of his death. Castillo identifed three trustee’s deeds purportedly executed by her and Phyllis Robinson, vice president of North Star. She testified that the signatures bearing her name and Robinson’s were not genuine, and that the trustee’s deeds were not authentic. She also identified a trust agreement purportedly signed by her as trust officer, dated April 9, 1962, pertaining to the Lavergne Property, which showed Koonce as the sole beneficiary of the land trust. She testified that the land trust agreement was not authentic and that the signature on the trust agreement bearing her name was not genuine.

On cross-examination, Castillo identified three canceled trustee’s deeds executed at Gambino’s direction in December 2002 regarding the subject properties. Prior to their cancellation, the trustee’s deeds conveyed legal title from North Star to Gambino. Castillo testified without objection that Gambino directed North Star to convey him legal title because he planned to refinance the subject properties, but he returned the documents to North Star a few weeks later and directed North Star to cancel them. On further cross-examination, Castillo testified that there was no way that one could determine that the trustee’s deeds from North Star were forged by simply viewing the deeds.

Phyllis Robinson also testified at trial. She was retired at the time of trial, but previously was vice president of North Star. Her testimony echoed that of Castillo; she identifed three trustee’s deeds purportedly executed by her and Castillo. She testified that the signatures bearing her name and Castillo’s name were not genuine.

Pritikin was then called as a witness and testified that he was an accountant licensed to practice before the IRS in representing the interests of taxpayers as an “enrolled agent.” Pritikin testified that Gambino retained him in June 2002 to represent him with regard to “payroll tax problems.” He testified that Gambino and United owed the IRS between $125,000 and $150,000. Pritikin told Gambino that the IRS could shut United down if the tax liability was not settled. Pritikin testified that Gambino told him that he was going to borrow money against some of his properties with the assistance of Sal so that he could settle United’s liability with the IRS.

Pritikin testified that Gambino directed him to speak with Sal in November 2002, and Sal told him he was employed by Boulevard and could obtain loans on Gambino’s properties. Sal sent Pritikin via facsimile a loan commitment from Boulevard showing Gambino approved for a loan signed by Sal.

On August 7, 2003, Pritikin spoke with Sal requesting documentation regarding a refinance or sale of Gambino’s properties because the IRS was threatening to seize United. Pritikin testified that he never received any documentation from Sal regarding a refinance or sale of the subject properties.

Stephen Link, an attorney since 1995, was called as a witness. He testified that he was Gambino’s counsel from 2002 until shortly after the instant case was filed, when he withdrew. Link testified that he was never made aware that any loans were procured on the subject properties. Link filed an appearance in the Zippershtein foreclosure suit, and when the suit was dismissed, Gambino was “surprised” and told Link that “someone had paid off the mortgage.”

Sal was then called by plaintiffs as an adverse witness. Sal testified that at the time of trial, he was unemployed. He testified that he never held employment where he earned a salary or wage, and had never received unemployment benefits. He testified that he had been living on moneys borrowed or gifted from family members. Sal testified that he had not held a bank account for approximately 12 to 15 years, and that he conducted all his financial transactions in cash and on rare occasions by cashier’s check. Sal identified the loan commitment sent to Pritikin by facsimile transmission, on Boulevard letterhead, and identified his signature on the document above the signature line as the “authorized signature.”

Sal testified that had known Koonce since the fall of 2001 and that Koonce was an attorney and owned both Boulevard and Title America. Sal testified that he never represented to anyone that he worked for Boulevard. Sal testified that he and Enzo “had a couple of business transactions going on” with Koonce regarding Gambino. He testified that Koonce lent money to both him and Enzo and they gave the funds totalling $180,000 to Gambino.

Sal testified that his role in the transactions described in the plaintiffs’ complaint was limited, but admitted he attended at least five of the closings at issue. He was shown all the documents that plaintiffs claimed had forgeries of Gambino’s signatures; of the documents he recognized, he claimed that all of them were signed by Gambino in his presence. Sal identified the notary of Gambino’s signature on all of the contested documents as that of Regina Brophy, who worked as a legal secretary for the Cook County public defender’s office in Markham, Illinois, where Sal’s uncle, Thomas Gambino, was employed as a supervisor of criminal investigations. Sal testified that it was his practice to have Gambino sign the documents at United’s Niles location, drive the documents to Brophy in Markham, together with a copy of Gambino’s driver’s license, and present it to her to be notarized.

Sal testified that he never kept any money for his participation in the various transactions involving the subject properties. When Sal was first approached by Gambino in the fall of 2002 about refinancing his properties, Gambino signed various authorizations allowing Sal to obtain Gambino’s credit report. He also received a list of Gambino’s properties, showing their value and mortgage indebtedness. The listing showed that the Niles Property had an estimated value of $550,000 with no mortgage debt, the Kedzie property had an estimated value of $1.2 million with no mortgage debt, and the Lavergne Property had an estimated value of $450,000 with a mortgage debt of $223,000.

Sal testified that he and Wolf were present at the December 20, 2002, closing. Sal testified that Gambino had signed all the relevant legal documents prior to the closing. Sal testified that he prepared the accounting of the funds distributed at the December 20, 2002, closing. He testified that the accounting showed that Koonce earned an attorney’s fee of $750, Enzo received a check for $5,000 for the appraisal, and that he received a check for $25,000 which he converted to cash and gave to Gambino.

Sal testified that he made loans to Gambino, totaling $770,000, but could not provide an accounting. Sal testified that Gambino owed him a balance between $150,000 and $200,000.

In early 2005, Sal worked with WW Funding, which held title to the Kedzie Property and had the locks changed. Sal also testified that he made repairs to the Lavergne Property after Boulevard had acquired title to the property.

Sal deposited a cashier’s check payable to Gambino for $42,586.09 into one of Gambino’s accounts concerning the Niles Property. Sal identified a check that Gambino paid to either Sal or Enzo for unpaid property taxes in the amount of $24,067.48, which showed up in a deposit into Enzo’s account of $24,067.48 on December 30, 2002, and showed no withdrawals on that date.

Sal testified that Gambino was not at the Kedzie closing but had signed all the closing documents in Sal’s presence, and Sal then delivered the documents to the closing.

Sal was shown an entry on the disbursement sheet of a $25,000 payment made to the “Norman Trust Account” to “payoff investor.” At first, Sal testified that the Norman Trust payment constituted repayment of an investor on behalf of Gambino, but then admitted this payment was made to fund a settlement of a suit against him for fraud.

The parties stipulated that a $25,000 cashier’s check drawn on Title America’s account at Harris Bank payable to Enzo’s girlfriend Kathleen Papiese was funds deposited into Papiese’s bank account and that Enzo was a signatory to that account.

Sal testified that a payment of fees to a law firm, Casale, Woodward & Bulls, for $5,372.72 was not for Gambino’s benefit, although it originated from a mortgage placed on the Kedzie Property.

Sal testified that he prepared the April 30, 2003, disbursements on the Lavergne Property, claiming that $130,000 in cash was given to Gambino.

Sal admitted that no funds were given to Gambino from the Kedzie Property closing. Checks were written to Marc Smith, which were ultimately disbursed to WW Funding. Plaza Bank provided the financing for this transaction. Sal testified that he also procured Gambino’s signature on an assignment of an option that allowed WW Funding to acquire the Kedzie Property by paying off the Century loan.

Sal claimed Gambino had given him a power of attorney for the Niles Property. Sal signed the HUD statement, in which $135,171.38 was disbursed to WW Funding. No funds were written to Gambino. In this transaction, WW Funding purportedly purchased the Niles Property from Gambino for $230,000 based on a contract on which Sal claimed he had procured Gambino’s signature.

Regina Brophy, a 25-year legal secretary for the office of the Cook County public defender in Markham, testified at trial. She is a notary public who worked with Thomas Gambino. She testified she notarized signatures for Sal without ever seeing the people who signed the documents or knowing whether they were genuine. She testified, “I just trusted him.”

Thomas Gambino testified that he was a supervisor of criminal investigations in the public defender’s Markham office. Sal and Enzo are his nephews. He testified that he attended a meeting in late 2004 with Gambino, Enzo and Sal, at Enzo’s request, to help Enzo “straighten out” some problems he and Sal were having with Gambino. He testified that his role at this meeting was as a mediator, because whatever business deals Sal and Enzo had with Gambino were nearing a “complete breakdown.”

Thomas testified that Gambino explained he had engaged in conversations with Sal and Enzo about selling his properties and possibly retiring when Gambino received notification from his bank that one of his properties had been sold without his knowledge, and he ordered them to stop doing anything further. Gambino said that he gave Sal and Enzo permission to sell one of his properties, but Thomas did not identify which property Gambino was referring to.

Sal said Gambino “was confused and did not quite understand how the deal was put together.” When asked how it was that Gambino had lost control of his properties, Sal said “that it had to be part of the deal because [the investors had] to have more assurance and *** more property/’ in order for the deal to proceed. Sal said that he had given Gambino $60,000 in “good faith” money and that more moneys would be paid Gambino at “the close of the deal.”

Gambino requested his properties back and Sal told Gambino the deals were “nonreversible.” Sal said the investors “were people that you don’t fool around with once [you] make a deal.”

Steven Fritzshall, a licensed attorney since 1981, was then called as a witness. He represented Zippershtein in connection with the mortgage on the Niles Property. In connection with this transaction he testified that Koonce claimed that he was Gambino’s attorney.

In December 2003, Fritzshall wrote to Gambino regarding a default on the Zippershtein mortgage. Gambino responded, “In response to your letter, I have told Mr. Zippershtein several times the loan you are referring to was not made by me. I did not receive any loan from Mr. Zippershtein. The loans you are referring to are not valid.”

Barry Mullin testified that in 2003, he was employed as a personal banker for LaSalle Bank/ABN Amro, which had held a mortgage on the Lavergne Property. Gambino asked him to find out how his loan had been paid. Mullin called Koonce, who “informed [Mullin] he had paid off the mortgage because [the property] had been deeded to him.” David Azran testified that he was the sole shareholder of Century, which was the lender involved in the first transaction related to the Kedzie Property. He made the loan as a result of a call he received from Zippershtein and Wolf. They told him the transaction was a “sale/leaseback” of $200,000, with interest at 18% per year. The transaction was structured so that if the borrower did not pay the loan within a year, Century would have the right to retain title to the property given to it as security for the debt. He testified that Azran, Wolf, and Zippershtein agreed to share in ownership if the purchase option was never exercised.

Phillip Cali testified that he was an independent agent for Service Insurance Agents and was Gambino’s insurance agent. Cali testified that the certificate of insurance concerning the Niles Property was not authentic and did not bear his signature.

Rogelio Llamedo testified that he owned, developed and managed property in Chicago. He met Gambino in early 2006. Llamedo testified, over an objection under the Dead-Man’s Act (735 ILCS 5/8 — 201 (West 2006)), that on January 12, 2006, he entered into a contract to purchase the Kedzie Property from Gambino for $1.4 million. On that date, Llamedo also entered into a contract to purchase the house adjacent to the Kedzie Property. It was his intent to develop the properties. He testified that he had the financial ability to close on the contract to purchase the Kedzie Property in January 2006 and retained that ability at the time of trial.

Diane Marsh, a forensic document examiner, was qualified as an expert handwriting witness. She compared Gambino’s known handwriting samples with the questioned documents at issue. Marsh testified that experts in her field utilize a hierarchy of conclusions, ranging from the most certain to the least certain. The highest degree of confidence is called an identification, which means that the forensic document examiner has no reservations concerning the authenticity of the signature. In expressing her opinion regarding the authenticity of the suspect signatures, Marsh utilized the highest level of certainty.

Marsh described at length the procedures she followed in reaching her conclusion and the basis for the three separate reports she issued in the case. Marsh’s examination involved the detection of possible autoforgery, which are instances “where somebody tries to disguise their own signature so they can deny it later.” Simulations, on the other hand, are signatures of a third party meant to appear authentic. She testified that it is extremely difficult to create a series of autoforg-eries that could escape detection. Her conclusion was, “Mr. Gambino did not disguise his own signatures,” and the 39 signatures contained on plaintiffs’ exhibits Nos. 5 through 43 were not Gambino’s. It was also her opinion that all but one of the questioned documents were signed by the same person, and that the one questioned document was also not signed by Gambino.

On cross-examination Marsh testified that the handwriting samples that she considered in reaching her opinion were all tendered by Gambino and that she did not use the retainer check for her services as one of the samples in reaching her opinion.

Dennis Koonce, a licensed attorney since 1986, was called as an adverse witness. Koonce is the sole shareholder of Title America and Boulevard. Title America acted as the “policy issuing agent” for five of the six transactions. The one exception was the second transaction related to the Niles Property.

Koonce was shown the loan application in connection with the first Lavergne closing, dated April 30, 2003. Koonce signed it and certified the accuracy of the information; in it, he listed the Lavergne Property as one of his own properties, claiming he had acquired it in 1995. The application for the loan was submitted as a refinance. He was then shown a purported trust agreement between Koonce and North Star as trust No. 13534, dated April 9, 1962, signed by Koonce. Koonce was shown copies of leases pertaining to the Lavergne Property when he was the lessor, although the dates of the leases preceded the first transaction concerning the Lavergne Property. Koonce identified his signature on the leases.

Koonce identified the Real Estate Settlement Procedures Act (RESPA) form from the closing concerning the refinancing transaction of the Lavergne Property on December 17, 2003, which he signed. He identified a similar set of leases that had been submitted to Washington Mutual regarding the Lavergne Property, and a mortgage loan application signed by him for $800,000 regarding the Niles and Kedzie Properties. He testified that, in the schedule listing real estate owned, he had listed the Niles, Kedzie and Lavergne Properties as his own.

Koonce identified his agreement with WW Funding to acquire the Niles and Kedzie Properties granting him an option to acquire the properties after WW Funding had paid off Century and Zippershtein. Koonce testified that he had entered into this series of agreements for the benefit of Gambino. He claimed “the money that I advanced to [Gambino] was going to be lost and these properties were not saved so in an effort to save them yes I did and [Gambino] did nothing to preserve that.”

Enzo was then called as an adverse witness. Enzo was asked about the funds shown as being disbursed to him and to his girlfriend from various transactions, and he admitted receiving them.

Stephen Wolf was then called as an adverse witness. He had been a real estate investor for 40 years. Wolf said he never paid Gambino anything when he acquired the Kedzie Property from Century or when he acquired the Niles Property by paying off the Zippershtein loan. Wolf estimated the value of the Niles Property as between $550,000 and $700,000. He testified that Gambino’s name appeared nowhere in connection with the various option agreements granted to Koonce.

Wolf testified he met with Gambino prior to the refinancing transaction on the Kedzie Property, prior to granting Koonce an option. He said that during this meeting, no terms were discussed, but he had requested that, if a problem arose, Gambino should contact him. Wolf testified that Gambino was not accompanied by an attorney. Wolf identified an outline of the agreement WW Funding was to have with Koonce regarding the Kedzie Property. Wolf did not have Gambino sign it to indicate his assent. Wolf admitted that he never attempted to communicate with Gambino when problems arose concerning the Koonce option.

Joseph M. Gambino was the independent administrator of his father’s estate. He had worked at the transmission shop his father operated at the Kedzie Property and was familiar with the manner in which Gambino carried on his business. He was familiar with Gambi-no’s signature and had observed him sign documents many times. He was shown the signatures on plaintiffs’ exhibits Nos. 5 through 43, and he testified that the signatures were not his father’s.

b. Defense Witnesses

Enzo testified that he met with Gambino in 2002. He testified, over an objection under the Dead-Man’s Act, that Gambino agreed to the purchase price of $2.8 million for the subject properties and the house adjacent to the Kedzie Property, which Gambino also owned. To raise the money, Sal introduced Enzo to Koonce, to help him obtain financing. Gambino told Enzo he did not have books that would substantiate his business profit and loss.

Plaintiffs’ exhibit No. 151 was a listing of checks Enzo received, which he claimed he had cashed and the proceeds of which he had given to Gambino, either in the form of currency or cashier’s checks. Enzo never obtained a receipt.

Enzo thought he was going to be taking over Gambino’s business in January of 2003. However, he testified that Gambino decided not to allow him to assume control. Inspections were performed on the Kedzie Property and Gambino allowed the inspections. Enzo testified that the $25,000 received by Enzo’s girlfriend was later converted to cash, cashier’s checks or money orders and delivered to Gambino.

Regarding the wire transfer of $110,000 to his account from the first closing concerning the Lavergne Property, Enzo testified he delivered these funds to Gambino in cash.

After Enzo met with Gambino and Thomas Gambino in late 2004, he went to the Kedzie Property to “clean-up.” At the same time, he also applied for a business license and had several meetings with Gambino. In February 2005, Gambino “had [him] arrested for trespassing.” Enzo made arrangements to move underground storage tanks at the Niles Property in July 2004. Enzo identified various permits he obtained from governmental agencies regarding work to be performed at the Niles and Kedzie Properties.

On cross-examination, Enzo was unable to recall any document signed by Gambino memorializing any agreement between Gambino and Enzo or Sal with regard to the subject properties. Enzo admitted receiving a letter from Gambino dated December 16, 2004, to cease any activity with regard to the subject properties. In February 2005, Enzo had the locks changed at the Kedzie Property at the instruction of WW Funding. Enzo did not believe that Gambino had any further interest in the building at the time.

Sal also testified in defendants’ case-in-chief and identified a credit report that he had obtained concerning Gambino. Based upon that credit report, Sal made inquiries to Adam Wolf to find a collateral-based lender, and Adam recommended his father. Sal met with Wolf, who told him that Zippershtein would be interested in making such a loan. Sal testified that he was present in December 2003 when Wolf met with Gambino and when Gambino authorized Sal to act on his behalf.

Koonce also testified in defendants’ case-in-chief and testified that he never told anyone he represented Gambino. He testified that he had no knowledge that the trustee’s deeds may have been forged. Koonce identified the back real estate taxes owed on several of the subject properties, insurance certificates regarding the properties and various payments he made regarding the Lavergne Property.

The trial court ruled that although Gambino had died during the course of his discovery deposition and had not signed the transcript of his deposition or been afforded an opportunity to examine the transcript to make corrections, sections of his deposition would be admitted into evidence, not as binding judicial admissions, but as evidentiary admissions by a party opponent. These admissions were then read into the record.

At his discovery deposition, Gambino admitted to having North Star execute trustee’s deeds conveying legal title to him, but that he later had those deeds cancelled. Gambino admitted receiving two checks for $10,000 each on January 8, 2003, and January 28, 2003, from Sal. He also admitted receiving a check for $42,586.09, but claimed that Sal requested a check from him for $24,067.48 in return. He also admitted receiving cash from Sal or Enzo on two occasions; one for $5,000, and another for $2,000. Further, he admitted to accompanying the appraiser through the Niles Property during the late 2002 appraisal.

Stephen Wolf testified in defendants’ case-in-chief that he became involved in the transactions at issue through his son, Adam. At that time, he shared an office with Zippershtein. He testified that he had a meeting with Gambino and Zippershtein immediately before the first transaction concerning the Niles Property and received a fee, and then another fee concerning the Kedzie Property. He never became aware of any claim that Gambino’s signature was forged.

In December 2003, Sal approached Wolf requesting a loan secured by the Kedzie Property. Wolf made arrangements with Plaza for funding that transaction, and prior to closing, met with Gambino. As part of that transaction, an option was given to Koonce to acquire the property by repaying the interest, fees and principal balance of WW Funding’s loan. The option was given to Koonce, not Gambino, because Koonce was creditworthy. Sal told him that Gambino had no problem with the arrangement.

4. The Trial Court’s Findings

The trial court rendered its “Findings of Fact and Judgment after Trial” in a 21-page written memorandum opinion and order. The trial court found in favor of plaintiffs on all counts of plaintiffs’ complaint to quiet title and for slander of title.

The trial court found that plaintiffs’ evidence was overwhelming that the purported trustee’s deeds conveying title to the subject properties were forged, which evidence included the testimony of Castillo and Robinson that they had not signed the trustee’s deeds used to effectuate the disputed conveyances, and the testimony of Brophy, who admitted to notarizing the trustee’s deeds, as well as approximately 40 other documents used to accomplish the disputed conveyances, at the request of Sal without seeing the signatories or recognizing the signatories’ signatures. The trial court also found the expert testimony of Marsh “extremely credible, thoroughly articulated, and well-supported.” The trial court found that defendants offered no evidence to refute this testimony. Further, the trial court discounted Sal’s testimony, including the portions related to Gambino signing the disputed documents, finding it to “be zero in all respects.”

Further, the trial court found that by their acts Sal, Enzo, Koonce, Boulevard, Title America, Wolf, and WW Funding had slandered plaintiffs’ title to the Kedzie and Niles Properties. With respect to the Lavergne Property, the trial court found that by their acts Sal, Enzo, Koonce, Boulevard, and Title America had slandered plaintiffs’ title. In its order, the trial court deferred its findings as to compensatory damages until a later date and ordered plaintiffs’ attorneys to submit a fee petition. The trial court did assess punitive damages in the following amounts on November 30, 2007: the trial court imposed punitive damages against Enzo, Sal, and the Koonce defendants, jointly and severally, in the amount of $500,000, and against Wolf and WW Funding, jointly and severally, in the amount of $175,000.

On May 2, 2008, the trial court issued a seven-page memorandum opinion and order where it awarded compensatory damages to plaintiffs. In its memorandum opinion and order, the trial court described plaintiffs’ petition for attorney fees. The trial court indicated that the suit was brought when Gambino was still alive. Link was the attorney engaged for the lawsuit. He drafted the originally filed complaint and a motion for temporary restraining order. The fee arrangement between Link and Gambino was set at an hourly rate of $185. Link submitted a copy of his billings for the period of March 1, 2005, to March 15, 2005, totaling $7,085.

Shortly after the filing of the lawsuit, Gambino engaged additional counsel, Sam Amirante. On March 22, 2005, Gambino agreed to a $10,000 retainer and a contingency fee of one-third of any recovery. Link and Amirante withdrew their appearances on March 31, 2006. Arimante accepted the $10,000 and made no further claim for fees.

On March 31, 2006, Gambino engaged new counsel. New counsel were attorneys Michael Braun, Sherwin Winer, and Kevin O’Rourke. Initially, all three attorneys billed monthly at an hourly rate. Within a short time, however, Gambino was unable to keep current in paying his attorney fees. Counsel were unwilling to continue working on an hourly basis when their bills were not being paid and would not agree to deferring payment until the conclusion of the case. It was agreed that while billing would continue on an hourly basis, all amounts unpaid would be treated under a contingency fee agreement. Specifically, all unpaid hourly fees would be paid at three times the amount billed if and when the case reached successful conclusion. Costs were to be treated in the same manner. The attorneys’ billings were attached to the fee petition. Braun billed at $205 per hour; Winer at $250 per hour; and O’Rourke at $150 per hour for out-of-court time and $200 per hour for in-court time. A total of $187,196 in bills was unpaid and thus subject to the contingency enhancement.

The Koonce defendants and the Wolf defendants both objected to plaintiffs’ petition for attorney fees. Both sets of defendants argued that no Illinois authority allowed the multiplier of three to be applied to the lodestar amount. Further, the Wolf defendants argued that the petition failed to properly segregate the attorneys’ billings for plaintiffs claims to quiet title and plaintiffs’ claims for slander of title. They argued that only plaintiffs’ attorney fees incurred in quieting title were recoverable.

The trial court first rejected the Wolf defendants’ argument that only plaintiffs’ attorney fees incurred for plaintiffs’ quiet title claims were compensable, finding that plaintiffs’ claims to quiet title and for slander of title were inextricably linked. The trial court then addressed the reasonableness of the attorney fees exclusive of the multiplier, and found that the attorneys’ hourly rates were reasonable. The trial court found all itemizations sufficiently detailed, noting its own familiarity with the entire context of the trial court proceedings. The trial court found the time billed for each item appropriate, recognizing the difficulties presented by the multidefendant, multiproperty case and the expertise of plaintiffs’ counsel.

Finally, the trial court rejected defendants’ objections to the use of a multiplier of three times the lodestar, finding that the measure was “eminently reasonable.” The trial court found that the hourly rates were modest and that the attorneys’ itemized time appropriate. Further, the trial court found that the fee was proportionate to the value of the properties at issue, roughly $2.5 million.

Noting that the Wolf defendants had no involvement with respect to the contested transactions related to the Lavergne Property, the trial court segregated the attorney fees incurred with respect to the Lavergne Property from the remainder of the petition and awarded the following accordingly: attorney fees in the form of compensatory damages in the amount of $595,574 on counts IV and