HomeMy WebLinkAboutR-94-0434J-94-500
6/15/94
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE ENGAGEMENT OF
THE LAW FIRM OF ECKERT SEAMANS CHERIN &
MELLOTT ("ECKERT SEAMANS") TO SERVE AS
COUNSEL FOR THE CITY OF MIAMI,
JORGE L. FERNANDEZ AND A. QUINN JONES, III IN
POST -TRIAL AND APPELLATE MATTERS IN
CONNECTION WITH THE CASE OF
PERRY L. ANDERSON, JR. VS. CITY OF MIAMI,
JORGE L. FERNANDEZ, AND A. QUINN JONES, III,
CASE NO. 92-0435-CIV-GRAHAM; FURTHER
ALLOCATING FUNDS FOR SAID SERVICES, IN AN
AMOUNT NOT TO EXCEED $25,000, FROM THE CITY
OF MIAMI°S SELF-INSURANCE AND INSURANCE TRUST
FUND.
WHEREAS, the City Commission, pursuant to Resolution
No. 92-247, adopted April 2, 1992, authorized employment of, and
payment to, the law firm of Fine, Jacobson, Schwartz, Nash, Bloch
and England ("Fine Jacobson"), to serve as counsel for pretrial
litigation services in connection with the case of Perry L.
Anderson, Jr. vs. City of Miami, Jorge L. Fernandez, and A. Quinn
Jones, III, Case No. 92-0435-CIV-GRAHAM; and
WHEREAS, the above -referenced case proceeded to trial in
November, 1993 with the jury returning a verdict against the City
of Miami and Jorge L. Fernandez; and
CITY COMMISSION
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Resolution No.
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WHEREAS, certain post -trial motions were filed seeking a new
trial on damages and/or remittur of the jury award; and
WHEREAS, the firm of Fine Jacobson has ceased operations of
its law offices thereby necessitating the employment of counsel
to handle the post -trial matters and possible appeal to the U. S.
Court of Appeals for the Eleventh Circuit; and
WHEREAS, Henry Latimer, Esq., counsel of record for the
City, Fernandez and Jones, is now associated with the law firm of
Eckert Seamans; and
WHEREAS, it is in the best interest of the City of Miami to
continue the engagement of counsel of record;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The law firm of Eckert Seamans Cherin &
Mellott is hereby engaged to represent the City of Miami,
Jorge L. Fernandez and A. Quinn Jones, III in post -trial and
appellate matters relating to the case of Perry L. Anderson, Jr.
vs. City of Miami, Jorge L. Fernandez, and A. Quinn Jones, III,
Case No. 92-0435-CIV-GRAHAM.
Section 3. An amount, not to exceed $25,000, is hereby
authorized as compensation for said services, with funds therefor
hereby allocated from the City of Miami's Self -Insurance and
i
i Insurance Trust Fund.
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Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 30th day of r„nP iooa
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CITY CLERK
APPROVED AS TO INSURANCE REQUIREMENTS:
FRANK K. ROLLASON, DEPUTY CHIEF
RISK MANAGEMENT DIVISION
BUDGETARY REVIEW: j/�/'/�)
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MANOHAR S. SURANA
ASSISTANT CITY MANAGER
APPROVED AS TO FORM AND CORRECTNESS:
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A. QVINNF4395
ES, II
CITY ATTY
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94- 434
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM CA=4
TO Honorable Mayor and Members DATE June 16, 1994 F,LP
of the City Commission
SUBJECT Engagement of Eckert Seamans
i) Cherin & Mellott
FROM A. Qulnn J es, III REFERENCESCity Atto ey Anderson v. City of Miami, et a
ENCLOSURES
The attached resolution seeks your approval for the
engagement of Eckert Seamans Cherins & Mellott (Eckert Seamans)
in an amount not to exceed $25,000.00 as counsel for the City of
Miami, Jorge L. Fernandez and myself in connection with post
trial matters and appellate proceedings in the above -referenced
case. As you are aware, Fine Jacobson Schwartz Nash & Block
(Fine Jacobson) represented the City through the trial. phase of
this case. You should also know that Fine Jacobson has ceased
operating its law offices in the City of Miami. Therefore, it is
necessary for the City to engage Eckert Seamans for the purposes
as I have indicated herein. Henry Latimer, Esq., counsel of
record and former partner of the Fine Jacobson firm, is now
associated with the Eckert Seamans firm. Accordingly, it would
be in the best interest of the City that present counsel of
record continue as counsel in this matter.
AQJ/rcl/P390