IN THE DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. CROIX
TONY SPILLER
:
CIVIL ACTION
:
v.
:
:
PASQUALE R. LUCCI
:
NO. 06-83
MEMORANDUM
Bartle, C.J.
September 23, 2010
Defendant, Pasquale R. Lucci, prevailed at a one-day
non-jury trial in which plaintiff, Tony Spiller, had alleged
breach of an oral contract.  The court had previously granted
partial summary judgment in favor of defendant on claims against
him for breach of another oral contract and for fraudulent
misrepresentation.  Defendant now seeks attorney's fees in the
amount of $7,633.33 and $2,985.96 in costs under 5 V.I.C. § 541. 
This statute allows the court in its discretion to make such an
award to the prevailing party in an action such as this involving
claims under territorial law.  See Acosta v. Honda Motor Co.,
Ltd., 717 F.2d 828, 843-44 (3d Cir. 1983).
In our view, an award of attorney's fees is appropriate
in this case.  Counsel for defendant, George H. Hodge, Jr.,
Esquire has submitted an affidavit setting forth his hourly rate
of $200 per hour as well as the number of hours expended and a
description of his services.  After review of the affidavit and
having familiarity with this action, we find that the hourly rate
and time are most reasonable under the circumstances.
Case: 1:06-cv-00083-HB   Document #: 86   Filed: 09/23/10   Page 1 of 2
Defendant properly incurred the cost of deposition
transcripts in the amount of $791, and that sum will be awarded. 
In addition, defendant seeks costs in the amount of $2,194.96 for
expenses related to traveling to St. Croix from Florida for
purposes of this action.  Because defendant regularly travels to
St. Croix on business, it does not seem appropriate to tax these
costs to the plaintiff.  We will deny the defendant's motion in
this respect.
Accordingly, we will enter an amended judgment in favor
of defendant and against the plaintiff for $7,633.33 in
attorney's fees plus $791 in costs for a total of $8,424.33.
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Case: 1:06-cv-00083-HB   Document #: 86   Filed: 09/23/10   Page 2 of 2