HomeMy WebLinkAboutR-14-0014City of Miami
Legislation
Resolution: R-14-0014
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-01449 Final Action Date: 1/9/2014
A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING ANY CONFLICT OF
INTEREST THE LAW FIRM OF KUBICKI DRAPER, P.A., MAY HAVE, IF ANY, TO
ENABLE IT TO REPRESENT MDM DEVELOPMENT GROUP, LLC IN
PROCEEDINGS FILED BY FLORENCE TAI, IN THE CIRCUIT COURT OF THE 11TH
JUDICIAL CIRCUIT, CASE NO. 11-39079 CA 32, AS STATED HEREIN.
WHEREAS, Florence Tai filed a lawsuit in the Circuit Court of the 11th Judicial Circuit in and for
Miami -Dade County, Case No. 11-39079 CA 32, against the City of Miami ("City"), Nextera Energy,
Inc. d/b/a Florida Power & Light Company, MDM Development Group, LLC and Miami -Dade County,
alleging bodily injury relating to a trip and fall accident occurring on February 10, 2011, at the corner
of S.E. 3rd Avenue and S.E. 3rd Street in Miami (the "Litigation"); and
WHEREAS, the law firm of Kubicki Draper, P.A. wishes to represent MDM Development Group,
LLC in the Litigation; and
WHEREAS, the law firm of Kubicki Draper, P.A., presently represents the City in an appeal in
Miriam Donner v City of Miami, Hetherington, et. al., Supreme Court Case Nos. SC13-492 and SC13-
494; and
WHEREAS, the potential for a conflict exists between the position of the City and the position of
MDM Development Group, LLC, as the parties are each co-defendants; and
WHEREAS, the City Commission has been advised of the conflict and/or the potential for a
conflict of interest; and
WHEREAS, the City Commission agrees to waive any conflict of interest that exists, or that may
occur, due to the law firm of Kubicki Draper, P.A., representing MDM Development Group, LLC; and
WHEREAS, if the interests of said firm's client becomes adverse to the interests of the City, the
issue must come before the City Commission for reconsideration of the waiver;
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. Any conflict of interest that exists or may occur due to the law firm of Kubicki Draper,
P.A. representing MDM Development Group, LLC, in the Litigation, is hereby waived.
Section 3. If the interests of said firm's client becomes adverse to the interests of the City, the
issue must come before the City Commission for reconsideration of the waiver.
City of Miami
Page 1 of 2 File Id: 13-01449 (Version: 2) Printed On: 12/15/2017
File Number: 13-01449 Enactment Number: R-14-0014
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
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: 13-01449 (Version: 2) Printed On: 12/15/2017