HomeMy WebLinkAboutR-86-0221t 01
J-86- 273
3/17/86
1 ' cm/371
RESOLUTION NO. 8 8` 2 2 1
A RESOLUTION AUTHORIZING OUTSIDE COUNSEL,
RICHARD THORNTON OF THE LAW OFFICES OF
THORNTON, DAVID AND MURRAY, P.A., TO FILE AN
OFFER OF JUDGMENT IN THE AMOUNT OF $50,000
AND IF SAID OFFER IS ACCEPTED, THIS RESOLU-
TION SHALL SERVE TO AUTHORIZE AND DIRECT THE
DIRECTOR OF THE DEPARTMENT OF FINANCE TO PAY
$50,000 TO JOSE FERNANDEZ IN FULL SETTLEMENT,
INCLUDING LEGAL COSTS AND ATTORNEY'S FEES OF
THE LAWSUIT FILED AGAINST THE CITY OF MIAMI
AND CERTAIN FORMER CITY EMPLOYEES; SAID CASE
HAVING BEEN FILED IN THE CIRCUIT COURT IN AND
FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR
DADE COUNTY, FLORIDA AS CASE No. 81-4123
(01); AND SAID PAYMENT TO BE MADE UPON THE
EXECUTION AND FILING OF THE APPROPRIATE
SETTLEMENT DOCUMENTS IN SAID LAWSUIT.
WHEREAS, JOSE FERNANDEZ filed a lawsuit in March, 1981,
against the CITY OF MIAMI and former City police officer FERN ANDO
GANDON for damages resulting from an incident which occurred on
October 17, 1977; and
WHEREAS, it is advantageous for the City of Miami at this
point to file an Offer of Judgment pursuant to Rule 1.442 Florida
Rules of Civil Procedure; and
WHEREAS, it is advantageous for the City of Miami to effect
. a settlement of the said lawsuit if the Offer of Judgment is
accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. Outside counsel, Richard Thornton of the Law
Offices of Thornton, David and Murray is hereby authorized to
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file an Offer of Judgment in the sum of $50,000 in settlement of
the lawsuit filed by JOSE FERNANDEZ against the CITY OF MIAMI and
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j; former City employee, FERNANDO GANDON as filed in the Circuit
r,
Court in and for Dade County, Florida as Case No. 81-4123; and
Section 2. If the said Offer of Judgment is accepted,
then the Director of the Department of Finance of the City of
Miami is hereby authorized and directed to pay to JOSE FERNANDEZ
the sum of $50,000 in full settlement of his lawsuit (including
!T Comm ION
MS"M G C' .
MAR 19, 1986
wR it 0
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attorney's fees and costs) against the CITY OF MIAMI and former
City employee, FERNANDO GANDON as filed in the Circuit Court in
and for the Eleventh Judicial Circuit in and for Dade County,
Florida as Case No. 81-4123, said payment to be made upon the
execution and filing of appropriate settlement documents in said
lawsuit.
PASSED AND ADOPTED this 18th day of MARCH ,f, 1986.
AVIER SUAREZ, MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
6
LUCIA A. DOUGHERTY
CITY ATTORNEY
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