HomeMy WebLinkAboutR-94-0483J-94-526
6/20/94
94— 483
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE DIRECTOR
OF
FINANCE TO PAY GAB.R1A 1, C:AS`I'ELLON THE SUM
OF
$25,000 IN FULL AND COMPLETE SATISFACTION
OF
ANY AND ALL CLAIMS, DEMANDS, AND JUDGMENTS
FOR ATTORNEY' S FEE;S AGAINST THE CITY
OF
MIAMI, PURSUANT TO THE FINAL, JUDGMENT
FOR
ATTORNEY'S FEES FOR PLAINTIFF AGAINST
THE
CITY OF MIAMI, AS ORDERED BY JUDGE MARTIN
D.
KAHN OF THE ELEVENTH JUDICIAL CIRCUIT
ON
APRIL 22, 1994, CASE NO. 90-59075 (CA 23),
WITH SAID FUNDS TO 13E PROVIDED FROM
THE
INSURANCE AND SELF-INSURANCE TRUST FUND.
WHEREAS, GABRIEL CASTELLON, through his counsel, pursuant to
Florida Statutes Section 768.79, moved for a post trial judgment
for attorney's fees against the City of Miami; and
WHEREAS, an evidentiary hearing was held on April 22, 1994
and a Final Judgment for Attorney's Fees against the City in the
amount of TWENTY FIVE THOUSAND DOLLARS ($25,000) in favor of
GABRIEL CASTELLON was entered on said date by Judge Martin D.
Kahn, Eleventh Judicial Circuit;
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 GABRIEL CASTELLON the sum of $25,000, in full and
complete satisfaction of all claims, demands, and judgments for
attorney's fees against the City of Miami pursuant to the Final
Judgment for Attorney's Fees Against City of Miami, as ordered by
CITY CC}'-vmISSi�i�
Rogolution No,
94- 483
Judge Martin D. Kahn of the Eleventh Judicial Circuit on April
22, 1994, Case No. 90-59075 (CA 23), with said funds to be
provided from the Insurance and Self -Insurance Trust Fund.
Section 2. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 14th day of July 1994.
STE HEN P. CLAR , MAYOR
AT S
"IY HIRAI
CITY CLERK
BUDGETARY REVIEW:
l�
MANOHAR S. SURANA
ASSISTANT CITY MANAGER
SELF- URA TRUST UND REVIEW:
Aar FRANK K. ROLLASON, DIRECTOR
DEPARTMENT OF RISK MANAGEMENT
PREPARED AND APPROVED BY:
CHARLES C. MAYS
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
�II
f
A. btANN S, I I I
CITY ATTO Y
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CCM/bf/M 408
`2 CITY OF MIAM1, FLORI[ f%A W
INTER -OFFICE MEMORA
TO : Honorable Mayor and Members DATE : June 20, 1994 FILE L_90-
of the City Commission
SUBJECT, Resolution Authorizing Paymen
of Final Judgment for
' r[' Attorney's Fees in favor
i A. Quinn o es, III of Gabriel Castellon
FROM : City Att r ey REFERENCES : Case No. 90-59075 CA 23
ENCLOSURES:
i
Attached is a proposed Resolution authorizing the Director
of Finance to pay GABRIEL CASTELLON the sum of TWENTY FIVE
THOUSAND DOLLARS ($25,000), in satisfaction of the Final Judgment
for Attorney's Fees against the City of Miami dated April 22,
1994, upon execution of a Satisfaction of Judgment in a form
acceptable to the City Attorney,
In brief, the plaintiff sought attorney's fees in the amount
of $60,000 pursuant to section 768.79, Florida Statutes. At an
evidentiary hearing before Judge Icahn, the City's expert witness
sufficiently contradicted the conclusions of the plaintiff's
expert witness, which resulted in a savings of $35,000.
AQJ/CCM/bf/M599
attachment
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94- 483