A Delaware court has awarded Timothy and Thomas Terranova a total of $63,746.45 in attorney fees and costs in a case against KAPG Hockessin Senior Housing OPCO, LLC. The decision, made by Judge Francis J. Jones Jr. on June 30, 2026, comes after the Terranova brothers filed a motion for costs and fees related to their legal work in the case.
The ruling affects the Terranova brothers, who were involved as third-party defendants in a lawsuit initiated by the Estate of Shyuan Hsia. It highlights the court's discretion in awarding attorney fees and costs in civil litigation, which can significantly impact the financial outcomes for parties involved in legal disputes.
Background
The case, officially titled The Estate of Shyuan Hsia, by and through Lynn Chao, Executrix and Personal Representative of the Estate of Shyuan Hsia, et al. v. KAPG Hockessin Senior Housing OPCO, LLC, d/b/a The Summit, Hockessin Senior Housing I, et al., was filed under docket number N25C-04-270 FJJ. The plaintiffs, representing the estate of Shyuan Hsia, sought damages from KAPG Hockessin, which operates a senior housing facility.
The dispute arose from allegations related to the care provided at the senior housing facility, which the plaintiffs claimed resulted in harm to Shyuan Hsia. The Terranova brothers were brought into the case as third-party defendants, indicating that KAPG Hockessin sought to hold them responsible for some aspect of the claims made against it.
The case progressed through the Delaware court system, leading to various motions and hearings. On May 26, 2026, the court ruled in favor of the Terranova brothers, granting them an award for their attorney fees and costs. Following this, the court required the Terranova brothers to submit a detailed accounting of their requested fees and costs, which they completed on June 9, 2026.
The Ruling
In the final ruling on June 30, 2026, Judge Francis J. Jones Jr. awarded the Terranova brothers $63,277.50 in attorney fees and $469.45 in costs. The court's opinion stated, “I have reviewed the materials submitted against the factors set forth in Rule 1.5(a) of the Delaware Lawyers Rules of Professional Conduct.”
The judge explained that he considered various factors, including the time and labor required, the difficulty of the legal questions involved, and the skill required to perform the legal work. He concluded that the work done by the Terranova brothers' attorneys justified the fees requested. The court noted, “I find that the experience level and reputation of the lawyers seeking fees justified the rate being requested.”
Additionally, the court limited the award for costs to specific items, including court fees and process fees, while excluding costs related to transcripts and medical records, stating that they did not meet the requirements of Rule 54(d).
Impact
This ruling sets a significant precedent for how attorney fees and costs are awarded in civil litigation in Delaware. It underscores the importance of the Delaware Lawyers Rules of Professional Conduct, particularly Rule 1.5(a), which outlines the criteria for determining reasonable attorney fees.
The decision may influence future cases involving similar disputes, as it clarifies the factors judges will consider when awarding fees. It also highlights the potential financial implications for parties involved in litigation, particularly when third-party defendants are included in lawsuits.
What's Next
Details were not available in the court filing regarding whether the ruling can be appealed. There may be related cases pending, but specific information was not provided.