HomeMy WebLinkAboutcover memoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor
FROM: Jorge L. Fernan
DATE: March 9, 2005
RE:
ember the City Commission
ttorney
Proposed Resolution for the Payment of Attorney's Fees and Costs — March 24,
2005 Meeting
Sale & Kuehne, P.A., et al. vs. City of Miami
Miami -Dade County Circuit Court, Case No.: 02-12783 CA 01
(File No. 05-00203)
The attached proposed Resolution will, if adopted, authorize the Director of Finance to
issue a check payable to Sale & Kuehne, P.A., Kendall Coffey, P.A., Geller, Geller, Garfinkel &
Fisher, and Geller, Geller, Beskin, Shienvold Fisher & Garfinkel, L.L.P., in the amount of
$600,000, in full settlement of any and all claims for attorney's fees incurred by Joe Carollo with
regard to the November 1997 Election for Mayor of the City of Miami, and a subsequent
contested Charter Amendment.
The common law provides that a public official has entitlement to legal representation at
the public's expense where the litigation arose out of, or in connection with, the performance of a
public official's official duties, and serves a public purpose. Thornber v. City of Ft. Walton
Beach, 568 So.2d 914, 917 (Fla. 1990). The claimants prevailed on summary judgment on their
claim to entitlement to fees and costs. The Court deferred ruling as to the amount and sent the
parties to mediation. The mediated settlement amount represents a significant compromise from
the amount claimed by the attorneys.
If approved, funds for said payment will be allocated from the City of Miami Self -
Insurance and Insurance Trust fund, Index Code No. 515001.624401.6.652.
W1186:WRB
c: Joe Arriola, City Manager
Elvi G. Alonso, Agenda Coordinator