HomeMy WebLinkAboutLegislation SUBLegislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www, miamigov, com
File Number: 11-00288 Final Action Date;
A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING ANY CONFLICT
OF INTEREST THE LAW FIRM OF COLE, SCOTT & KISSANE, P.A. MAY HAVE, IF
ANY, TO ENABLE IT TO REPRESENT ALL TERRAIN EARTHMOVING LIMITED
COMPANY, LLC, IN PROCEEDINGS FILED BY WILFREDO DIAZ, IN THE
CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT, CASE NO.: 11-7734 CA 24.
WHEREAS, Wilfredo Diaz filed a lawsuit in Miami -Dade Circuit Court, Case No. 11-7734 CA 24,
against the City of Miami ("City") and All Terrain Earthmoving Limited Company, LLC, alleging personal
injuries when he fell from a dock when a plank gave way due to allegedly negligent construction and/or
maintenance of the dock; and
HIV e , . . ,
Earthmoving Limited Company, LLC in the Litigation; and
WHEREAS, the law firm of Cole, Scott & Kissane, P.A., currently represents the City in the matters
of Helene Hutt vs. City of Miami, Milan Investment Group, Inc., vs. the City of Miami, et al.,and Eva
Nagymihaly v. City of Miami; and
WHEREAS, although there is no present conflict of interest between the positions of the City and
All Terrain Earthmoving Limited Company, LLC in the Wilfredo Diaz litigation, there is the potential for
a conflict due to the fact that the City and All Terrain Earthmoving Limited Company, LLC are
co-defendants; and
WHEREAS, the City Commission has been advised of the potential for a conflict of interest; and
WHEREAS, the City Commission agrees to waive any conflict of interest that may occur due to the
law firm of Cole, Scott, Kissane, P.A., representing All Terrain Earthmoving Limited Company, LLC in
the Litigation;
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 if fully set forth in this Section.
Section 2. Any conflict of interest that may occur due to the law firm of Cole, Scott, Kissane, P.A.
representing All Terrain Earthmoving Limited Company, LLC in the Litigation, is hereby waived.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
Page 1 of 2 Pile Id: 11-00288 (Version; 21 Printed On: 1/8/2011
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL
CAN BE SEEN AT END OF THIS DOCUMENT.
File Number: 11-00288
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
File Id: 11-00288 (version: 2) Printed On: 4/8/2011
•
SUBSTITUTED
City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Number: 11.00288 Final Action Date:
A SOLUTION OF THE MIAMI CITY COMMISSION WAIVING ANY CONFLICT
OF TEREST THE LAW FIRM OF COLE, SCOTT & KISSANE, P.A. MAY HAVE, IF
ANY, • ENABLE IT TO REPRESENT ALL TERRAIN EARTHMOVING LIMITED
COMPA , LLC, IN PROCEEDINGS FILED BY WILFREDO DIAZ, IN THE
CIRCUIT + IURT OF THE 11TH JUDICIAL CIRCUIT, CASE NO.: 11-7734 CA 24.
WHEREAS, Wilfredo Di- filed a lawsuit in Miami -Dade Circuit Court, Case No. 11-7734 CA 24,
against the City of Miami ("Ci and All Terrain Earthmoving Limited Company, LLC, alleging personal
injuries when he fell from a doc , hen a plank gave way due to allegedly negligent construction and/or
maintenance of the dock; and
WHEREAS, the taw firm of Cole, ' •tt & Kissane, P.A., wishes to represent All Terrain
Earthmoving Limited Company, LLC in • Litigation; and
WHEREAS, the law firm of Cole, Scott
of Helene Hutt vs. City of Miami, Milan Invest
Nagymihaly v. City of Miami; and
issane, P.A., currently represents the City in the matters
Group, Inc., vs. the City of Miami, et al.,and Eva
WHEREAS, although there is no present conflict . interest between the positions of the City and
Ali Terrain Earthmoving Limited Company, LLC in the redo Diaz litigation, there is the potential for
a conflict due to the fact that the City and Wilfredo Diaz a co-defendants; and
WHEREAS, the City Commission has been advised of th
otential for a conflict of interest; and
WHEREAS, the City Commission agrees to waive any conflic interest that may occur due to the
law firm of Cole, Scott, Kissane, P.A., representing All Terrain Earth .ving Limited Company, LLC in
the Litigation;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF E CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Reso on are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. Any conflict of interest that may occur due to the law firm of Cole, Sco issane, P.A.
representing All Terrain Earthmoving Limited Company, LLC in the Litigation, is hereby ived.
Section 3. This Resolution shall become effective immediately upon its adoption and siture of
the Mayor.{1}
City of Miami
Page 1 of2 File Id: 11-00288 !Version: 1) Printed On: 3/30/201
SUBSTITUTED
File Number: 11-00288
APPROVED AS TO FORM AND CORRECTNESS:
JULIE
CITY
Footnotes:
{1} If the Mayor doe
from the date it was p
effective immediately u
of sign this Resolution, it shall become effective at the end of ten calendar days
ed and adopted. If the Mayor vetoes this Resolution, it shall become
• override of the veto by the City Commission.
city of rand Page 2 of2 File 1d: 11-00288 (Version: 1) Printed On: 3/30/2011