HomeMy WebLinkAboutR-97-0709J-97-717
10/7/97
RESOLUTION NO . 9 7 r 709
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO
ENGAGE ROBERT S. GLAZIER, ESQ. TO SERVE AS
COUNSEL FOR THE APPEAL TO THE UNITED STATES
COURT OF APPEALS FOR THE ELEVENTH CIRCUIT OF
THE FINAL JUDGMENT IN MICHAEL GOLD VS. CITY
OF MIAMI, FLORIDA, CASE NO. 92-1673-CIV-
KEHOE, AT THE AMOUNT OF $17,500.00 FOR SAID
SERVICES, PLUS A $500.00 FLAT FEE FOR COSTS;
ALLOCATING FUNDS THEREFOR FROM THE CITY OF
MIAMI SELF-INSURANCE AND INSURANCE TRUST
FUND, INDEX CODE NO. 424401-652.
WHEREAS, it is necessary to engage counsel for the Appeal to
the United States Court of Appeals for the Eleventh Circuit of
the final judgment in the case of Michael Cold vsthe City of
Miami Florida, Case No. 92-1673-CIV-Kehoe ("Gold"); and
WHEREAS, said Appeal concerns a jury verdict entered in
favor of the plaintiff for a Federal civil rights claim under
42 USC §1983 and various state law claims; and
WHEREAS, Gold obtained a judgment against the City for
$26,500.00, and a cost judgment for $8,303.78, and an award of
attorney's fees for the §1983 claims in the amount of $59,420.00;
and
WHEREAS, it is the City's position that the trial court
erred in not directing a verdict in favor of the City on the
Federal civil rights claim under §1983; and
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OCT 1. 4 1997
Resolution No.
97- 709
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WHEREAS, there is a reasonable possibility of reversing or
reducing the judgment against the City if this lawsuit is
appealed;
NOW,. THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Attorney is hereby authorized to
engage Robert S. Glazier, Esq. to serve as counsel for the Appeal
to the United States Court of Appeals for the Eleventh Circuit of
the final judgment in the case of Michael Cold v_ City of Miami,
Florida, Case No. 92-1673-CIV-Kehoe, at the amount of $17,500.00
for said services, plus a $500.00 flat fee for costs, with funds
therefor hereby allocated from the City of Miami Self -Insurance
and Insurance Trust Fund, Index Code No. 424401-652.
Section 2. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED -this 14th day of October
ATTEST
WALTER F
CITY CLERK
. 1997.
2 -
97- 709
SELF-INSURANCE AND INSURANCE
TRUST UND REVIEW:
MARIO SOLDEVILLA
RISK MANAGEMENT ADMINISTRATOR
BUDGET AND AGENT ANVA�LYS I S 'VIEW:
DIPAK PAREKH, DIAUTOY
PREPARED AND APPROVED BY:
CHRISTOPHER F. KUR Z
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
YY 17G / . D.7 L7
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• 23
CITY OF MIAMI, FLORIDA
r
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members
TO: of the City Commission
FROM: A. Q inn
City Att
October 7, 1997 J-97-717
DATE : FILE
Authorize City Attorney's
SUBJECT: engagement of Robert S. Glazier
for U.S. Court of Appeals,
Case No. 92-1673-CIV-Kehoe
REFERENCES: City Commission Agenda
October 14, 1997
ENCLOSURES:
The attached proposed Resolution seeks authorization for
the engagement of Robert S. Glazier, Esquire, to. serve as
appellate counsel for Case No. 92-1673-CIV-Kehoe, Micha l told
vG_ City of Miami, Florida, which is pending .in the United
States Court of Appeals for the Eleventh Circuit. We are
appealing a jury verdict entered in favor of the plaintiff for a
Federal civil rights claim under 42 USC §1983 and various state
law claims.
It is the City's position that the trial court erred in not
directing a verdict in favor of the City on the Federal civil
rights claim under §1983 and that there is a reasonable
possibility of reversing or reducing the judgment against the
City if this lawsuit is appealed.
Fees for said services, in an amount not to exceed
$17,500.00, plus $500.00 for costs, will be allocated from the
Self -Insurance and Insurance Trust Fund, Account Code
No. 424401-652.
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97- 709 1