HomeMy WebLinkAboutR-94-057594- 575
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE ENGAGEMENT OF
ARTHUR ENGLAND OF THE LAW FIRM OF GREENBERG,
TRAURIG FOR SERVICES FOR THE APPEAL TO THE
U.S. COURT OF APPEALS FOR THE 11TH CIRCUIT IN
THE CASE OF CIRCA, LTD., ET AL VS. CITY OF
MIAMI, CASE NO. 93-5360, IN THE AMOUNT OF
$50,000, AND IN THE EVENT THE JUDGMENT IS
REVERSED IN PART OR IN ITS ENTIRETY, A
SUCCESS FEE PAYABLE AND EQUAL TO TEN PERCENT
(10%) OF THE AGGREGATE SAVINGS TO THE CITY;
ALLOCATING FUNDS THEREFOR FROM THE CITY OF
MIAMI'S SELF-INSURANCE AND INSURANCE TRUST
FUND.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The engagement of Arthur England of the law
firm of Greenberg, Traurig is hereby authorized for services for
the Appeal to the U.S. Court of Appeals for the 11th Circuit in
the case of Circa, Ltd., et al. vs. City of Miami, Case No.
93-5360, in the amount of $50,000, and in the event the Judgment
is reversed in part or in its entirety, a success fee payable and
equal to ten percent (10%) of the aggregate savings to the City,
with funds therefor hereby allocated from the City of Miami's
Self -Insurance and Insurance Trust Funds.
CITY COMMISSION
MEETTNG OF
R i_ 2 6 "194
A"61ution No.
94-- 575
1
1
r
it
Section 2. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 26th day of July 1994.
STE HEN P. CLAR , MAYOR
ATTES :
M
MAT IRAI
CITY CLERK '
APPROVED AS TO FORM AND CORRECTNESS:
A. QU NN J S, III
CITY ATTO
AQJ:osk:M4500
i
E
I CITY OF MIAMI, FLORInA
INTFIR.OFFICE MEMORANDUM 38
Ji
ro: Honorable Mayor and Members DAIL July 20, 1994 Fni1►9000115
of the City Commissioner
suLuK:r Circa , Ltd o , ate. at. al.
/ v. City of Miami
G d; A Case No. 90-1109--CIV-HIGHSKITH
A. uin ones, xII
FROM: City A. o5rney "1 FE"�"`'� `, ' Engagement, of Appellate Counsel
rNCLOSURr.8 .
The jury in the above -captioned case returned a verdict
agsi.nst the City in September, 1993 (after a 5-day jury ulal)
for $3,100, 000; consisting of $Z r 600, 000 fut- breach of a lease
agreement, and $5U0,000 for deprivation of devolopment. rights
without due procebo of law. Tho lease agreement concerns parcel
55 of Lhe Southeact OVOrtown PArk West Redevelopment Project; and
the dovel.opmont rights concern parcels 45 and 56.
Several factual issues are presented which require Appellate
resolution ill relaLtion to whether the verdict was supported by
Lila evidenco, as well as the resolution of material evidentiary
rulings by the trial judge.
It is recommended that Arthur Engld►►d, Esq. of the Law Firm
of Greenberg, Traurig be tingaged to pursue this appeal. A flat
fee of $50,000 has been negotiated fnr representation in this
matter, including a surrPos fee equal to 10% of the aggregate
savings tm the City should they judgment be reversed.
P.QJ/rc l /M17 9
94- 575