HomeMy WebLinkAboutR-11-0153City of Miami
Legislation
Resolution: R-11-0153
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00288 Final Action Date: 4/14/2011
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
WHEREAS, the law firm of Cole, Scott & Kissane, P.A., wishes to represent All Terrain
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}
City of Miami
Page 1 of 2 File Id: 11-00288 (Version: 2) Printed On: 10/4/2017
File Number: 11-00288 Enactment Number: R-11-01 5 3
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.
City of Miami Page 2 of 2 File Id: 11-00288 (Version: 2) Printed On: 10/4/2017