HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: George K. Wysong III, City Attorney`
DATE: May 23, 2024
RE: City Commission Meeting — May 23, 2024
Proposed Settlement — Made in DR Wynwood Corp. v. City of Miami,
pending in the Circuit Court for the Eleventh Judicial Circuit in and for
Miami -Dade County, Florida
Case No.: 2022-5227-CA 01
File No.: 16050
The attached proposed resolution seeks authorization for the settlement of the
claim for costs and attorneys' fees in the pending lawsuit styled Made in DR Wynwood
Corp. v. City of Miami. The Petitioner, Made in DR Wynwood Corp., prevailed in the
lawsuit and the trial court determined it was entitled to recover its costs and attorneys'
fees from the City of Miami pursuant to section 57.112(2), Florida Statutes. This
resolution, if passed, will settle the claim for attorneys' fees in the amount of
$55,000.00.
Funds in the above amount will be paid from the Account No. 00001-
980000.531010.0.0.
GKW/JG
City of Miami
Legislation
Resolution
Enactment Number: R-24-0196
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16050 Final Action Date:5/23/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO AND/OR ON BEHALF OF MADE IN DR WYNWOOD
CORP., REPRESENTED BY THE LAW FIRM OF GREENSPOON MARDER LLP, THE
TOTAL SUM OF $55,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND
ALL CLAIMS FOR COSTS AND ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI
AND ITS OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, "CITY") IN THE
CASE STYLED MADE IN DR WYNWOOD CORP. VS. CITY OF MIAMI, PENDING IN
THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 2022-5227-CA 01, UPON THE
EXECUTION OF A RELEASE; ALLOCATING FUNDS FROM ACCOUNT NO. 00001-
980000.531010.0.0.
WHEREAS, Made in DR Wynwood Corp. and the City of Miami ("City") are engaged in
litigation in the Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade County,
Florida, Case No.: 2022-5227 CA 01; and
WHEREAS, Made in DR Wynwood has been represented in this litigation by the law firm
of Greenspoon Marder, LLP; and
WHEREAS, Made in DR Wynwood brought this lawsuit to compel the City to execute a
form confirming that Made in DR Wynwood is in a zoning district permitting the sale of alcoholic
beverages using a SFS license; and
WHEREAS, after a non -jury trial, the court ruled in favor of Made in DR Wynwood and
further ruled that Made in DR Wynwood is entitled to costs and attorneys' fees pursuant to
section 57.112(2), Florida Statutes; and
WHEREAS, Made in DR Wynwood has asserted entitlement to $88,059.00 in attorneys'
fees and $1,714.24 in costs; and
WHEREAS, the City Attorney's Office recommends that settlement of the claim for costs
and attorneys' fees is in the best interest of the City and that said claims for costs and attorneys'
fees be settled for the total aggregate sum of $55,000.00;
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
adopted by reference and incorporated as fully set forth in this Section.
Section 2. The Director of Finance is authorized' to pay to and/or on behalf of Made in
DR Wynwood Corp., represented by the law firm of Greenspoon Marder LLP, the total sum of
$55,000.00 in full and complete settlement of any and all claims and demands for costs and
attorneys' fees, against the City and its officers, agents, and employees in the case styled Made
in DR Wynwood Corp. vs. City of Miami, pending in the Circuit Court for the Eleventh Judicial
Circuit in and for Miami -Dade County, Florida, Case No.: 2022-5227 CA 01, upon the execution
of a release, with funds allocated from Account No. 00001-980000.531010.0.0.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.