HomeMy WebLinkAboutR-97-0525J-97-448
7/14/97
RESOLUTION NO. 9 7- 525
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY DAVID VAN BUREN THE SUM OF
$1,435.00, PLUS COSTS IN THE AMOUNT OF
$109.00 PURSUANT TO COURT ORDER AND POST -
JUDGMENT INTEREST, IN FULL AND COMPLETE
SATISFACTION OF ANY AND ALL CLAIMS, DEMANDS
AND JUDGMENTS AGAINST THE CITY OF MIAMI,
PURSUANT TO THE FINAL JUDGMENT FOR PLAINTIFF,
AS ORDERED BY MARVIN H. GILLMAN OF THE
ELEVENTH JUDICIAL CIRCUIT COURT ON JUNE 20,
1997, IN CASE NO. 94-00162 SP (05)(03), WITH
SAID FUNDS TO BE PROVIDED FROM THE INSURANCE
AND SELF-INSURANCE TRUST FUND, INDEX CODE
NO. 620103-652.
WHEREAS, DAVID VAN BUREN, through his attorney, filed a
lawsuit against the City of Miami resulting from an incident that
occurred on January 1, 1993, at or near N.W. filth Street and llth
Court, Miami, Dade County, Florida; and
WHEREAS, a Second Amended Final Judgment was entered against
THE CITY OF MIAMI, after appeal, on June 20, 1997, by Judge
Marvin H. Gillman, Eleventh Judicial Circuit, in the above
lawsuit;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The Director of Finance is hereby authorized
to pay to DAVID VAN BUREN the sum of $1,435.00, plus costs in the
amount of $109.00 pursuant to court order and post -judgment
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1.CITY COMMSSION
MEETING OF
J U L 2 4 1997
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interest, in full and complete satisfaction of the Second Amended
Final Judgment for Plaintiff, as ordered by Judge Marvin H.
Gillman of the Eleventh Judicial Circuit. on June 20, 1997,. Case
No. 94-00162 SP (05)(03), with said funds to be provided from the
Insurance and Self -Insurance Trust Fund, Index Code
No. 620103-652.
Section 2. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 24th day of July , 1997.
kJOE LLO, MAYOR
ATTEST
4TERAJ.FO
CITY CLERK
RISK GEME EVIEW:
WQ- .
MARIO E. SOLDEVILLA
RISK MANAGEMENT ADMINISTRATOR
BUDGETARY A&D MANAGEMENT ANALYSIS REVIEW:
IPAK M. PAREKH, DIRECTOR
- 2 - 97- 525
b
PREPARED AND APPROVED BY:
- 4*1-��
THERESA L. GIRTEN
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
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, III
CI A TOTE
W1683/TLG
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CITY OF MIAMI, FLORIDA 32
i INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and
Members of the City Commission
0/
FROM : A. inn J n III
City Att ey
DATE : July 16, 1997 FILE :J-97-448
SUBJECT : David Mr. Van Buren
Case No. 94-0162 SP-05
REFERENCES: City Commission Agenda
July 24, 1997
ENCLOSURES:
The attached proposed Resolution seeks authorization for
the Director of Finance to pay David Mr. Van Buren the sum of
$1,435.00 plus costs in the amount of $109.00 pursuant to Court
Order.
On January 1, 1993, Mr. Van Buren was arrested by City of
Miami Police for vending without a license. Police confiscated
41 tickets with a face value of $35.00. The charges were
subsequently dismissed and Mr. Van Buren filed a lawsuit
against the City for the face value of all 41 tickets. The
trial court awarded plaintiff the face value of only six
tickets. Mr. Van Buren appealed. The Circuit Court appellate
division reversed the trial court and ordered Mr. Van Buren the
full value of all 41 tickets. The City then petitioned the
Third District Court of Appeal for a Writ of Certiorari, which
was denied. Final Judgment was entered in favor of the
plaintiff for $1,435.00 plus costs in the amount of $109.00.
In order to comply with the Final Judgment of the Court,
the attached Resolution has been prepared authorizing payment
as ordered by the Final Judgment. Funds for said payment are
available from the City of Miami Insurance and Self -Insurance
Trust Fund, Index Code 620103-652.
W002:TLG:bss
97-.525
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® IN THE COW COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN
AND FOR. DADE COUNTY, FLORIDA
CIVIL DIVISION/SMALL CLAIMS
CASE NO. 94-00162 SP (05)(03)
DAV ID VAN BUREN ,
Plaintiff,
vs.
CITY OF MIAMI, a Florida
municipal corporation,
Defendant.
This, action was tried before the Court and appealed to
the Circuit .Court of the Eleventh Judicial Circuit of
Florida. Pursuant to the decision of the Appellate Court
which was issued on February 28, 1997,
IT IS ADJUDGED that Plaintiff., DAVID VAN BUREN, recover
from defendant, CITY OF MIAMI, the sum of $1,435.00 with
costs in the sum of $109.00, making a total of $1,544.00,
that shall bear interest at the rate of 10% a year for which
let execution issue.
ORDERED aAr Miami, Dade County, Florida, on this
day of Cf LG'`�" 1997.
tofnegl� i'. `ALLWIP�:
COUNTY COURT JUDGE
Copies furnished to:
Miguel M. de la 0, Esquire
Theresa L. Girten, Esquire
LB: WOOSJudgmmtd )c
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