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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #15205 Resolution Sponsored by: Commissioner Miguel Gabela A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO ABANDON ALL APPEALS IN THE MATTER OF MIGUEL ANGEL GABELA V. CITY OF MIAMI, ET AL., MIAMI-DADE COUNTY CIRCUIT COURT, CASE NO. 2023-20926-CA-01, INCLUDING CITY OF MIAMI, ET AL. V. MIGUEL ANGEL GABELA, ET AL., THIRD DISTRICT COURT OF APPEAL, CASE NO. 3D23-1776; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15205 Final Action Date:1/11/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO ABANDON ALL APPEALS IN THE MATTER OF MIGUEL ANGEL GABELA V. CITY OF MIAMI, ET AL., MIAMI-DADE COUNTY CIRCUIT COURT, CASE NO. 2023-20926-CA-01, INCLUDING CITY OF MIAMI, ET AL. V. MIGUEL ANGEL GABELA, ET AL., THIRD DISTRICT COURT OF APPEAL, CASE NO. 3D23-1776; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in Miguel Angel Gabela v. City of Miami, et al., Case No. 2023-20926-CA- 01, Miguel Angel Gabela filed suit against the City of Miami and Todd B. Hannon, in his official capacity as Clerk of the City of Miami, regarding his candidacy for City Commissioner of District 1; and WHEREAS, in Miguel Angel Gabela v. City of Miami, et al., Case No. 2023-20926-CA- 01, the City of Miami and Todd B. Hannon, in his official capacity as Clerk of the City of Miami, counterclaimed to determine the qualifications of Miguel Angel Gabela to seek office for City Commissioner of District 1; and WHEREAS, on September 27, 2023, the circuit court in Miguel Angel Gabela v. City of Miami, et al., Case No. 2023-20926-CA-01, entered a final judgment determining Miguel Angel Gabela qualified to seek office for City Commissioner of District 1; and WHEREAS, on November 7, 2023, the Third District Court of Appeal in City of Miami, et al. v. Miguel Angel Gabela, et al., Case No. 3D23-1776, affirmed the final judgment of the Circuit Court determining Miguel Angel Gabela qualified to seek office for City Commissioner of District 1 and, on November 20, 2023, rendered its written opinion affirming said final judgment and determination; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of the Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission hereby directs the City Attorney to abandon all appeals in the matter of Miguel Angel Gabela v. City of Miami, et al., Miami -Dade County Circuit Court, Case No. 2023-20926-CA-01, including City of Miami, et al. v. Miguel Angel Gabela, et al., Third District Court of Appeal, Case No. 3D23-1776. Section 3. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: