When is a modification not an enforcement, and you get fees for one under the agreement but not the other....oh let me just let Judge Jordan explain:
In the hierarchy of law, language is king. Words matter in constitutions, treaties, statutes, rules, cases, and contracts. And, as seen in this case, they matter in civil rights settlement agreements which, once judicially approved, become consent decrees.Judge Moreno affirmed!
David Peery, on behalf of a class, asks us to award his counsel attorneys’ fees for opposing modifications proposed by the City of Miami to such an agreement. We decline to do so because the parties’ agreement limited future attorneys’ fees to enforcement proceedings. Given that modification proceedings do not trigger an award of attorneys’ fees under the agreement, we affirm the district court’s denial of fees.
That’s all I really wanted to say