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: October 23, 2025
RE: City Commission Meeting — July 24, 2025
Proposed Authorization to pay legal fees to Kuehne Davis Law, P.A., Susy
Ribero -Ayala, P.A., Gunster., Richard Diaz P.A., Collazo Law Firm, P.A., as well
as One Hundred Nine Thousand Nine Hundred and Twenty -Six dollars and
Eighty -One cents ($109,926.81) for costs. In the matter of State of Florida v. Alex
Diaz de la Portilla.
Case No. F23-018478
File No.: 17845
The attached proposed Resolution seeks authorization to pay Seven Hundred
Five Thousand Fifty -Five dollars ($705,055.00) to Kuehne Davis Law, P.A.; One
Hundred Twenty One Thousand Seven Hundred Twenty Three dollars and Thirty Three
Cents ($121,723.33) to Susy Ribero -Ayala, P.A.; Eighty Six Thousand and Ninety -
Seven dollars and Fifty Cents ($86,097.50) to Gunster; Ninety Eight Thousand Five
Hundred and Thirty Five dollars ($98,535.00) to Richard Diaz P.A.; Two Hundred Eight
Thousand Dollars ($208,000.00) to Collazo Law Firm, P.A. (collectively "Counsel"); and
One Hundred Nine Thousand Nine Hundred and Twenty -Six dollars and Eighty One
Cents ($109,926.81) for costs.
This action was brought by the State of Florida against Alex Diaz de la Portilla, a
City of Miami Commissioner at the time. The claim alleged that former Commissioner
Alex Diaz de la Portilla was misusing the power of his office for personal gain. The claim
arose out of the performance of his official duties as a sitting Commissioner. The claim
was ultimately dismissed in his favor, and he was cleared of all charges. Former
Commissioner Alex Diaz de la Portilla was represented by Counsel as outlined above.
Florida law recognizes that a public official may be entitled to legal representation at
public expense to defend himself/herself against litigation arising out of the performance
of his/her official duties. See Thornber v. City of Fort Walton Beach, 568 So. 2d 914
(Fla. 1990); see also Maloy v. Board of County Commissioners of Leon County, 946 So.
2d 1260 (Fla. 1st DCA 2007).
The Office of the City Attorney has investigated and evaluated this case and has
approved the recommendation of this settlement. Funds in the above amount will be
paid from Account No. 50001.301001.545014.0000.00000.
cc: Art Noriega, V, City Manager
Miriam M. Santana, Agenda Coordinator
Attachment(s)
GKW/KRJ
City of Miami
Legislation
Resolution
File Number: 17845
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:10/23/2025
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PAYMENT
OF ATTORNEYS' FEES AND COSTS, IN AN AMOUNT NOT TO EXCEED THE
FOLLOWING: SEVEN HUNDRED FIVE THOUSAND FIFTY-FIVE DOLLARS
($705,055.00) TO KUEHNE DAVIS LAW, P.A.; ONE HUNDRED TWENTY ONE
THOUSAND SEVEN HUNDRED TWENTY THREE DOLLARS AND THIRTY THREE
CENTS ($121,723.33) TO SUSY RIBERO-AYALA, P.A.; EIGHTY SIX THOUSAND
AND NINETY-SEVEN DOLLARS AND FIFTY CENTS ($86,097.50) TO GUNSTER;
NINETY EIGHT THOUSAND FIVE HUNDRED AND THIRTY FIVE DOLLARS
($98,535.00) TO RICHARD DIAZ P.A.; TWO HUNDRED EIGHT THOUSAND
DOLLARS ($208,000.00) TO COLLAZO LAW FIRM, P.A.; ONE HUNDRED NINE
THOUSAND NINE HUNDRED AND TWENTY-SIX DOLLARS AND EIGHTY ONE
CENTS($109,926.81) FOR COSTS AS REIMBURSEMENT FOR LEGAL FEES AND
COSTS IN THE CASE OF THE STATE OF FLORIDA v. ALEX DIAZ DE LA PORTILLA,
ET. AL., CASE NO. F23-018478; ALLOCATING FUNDS FROM ACCOUNT NO.
50001.301001.545014.0000.00000.
WHEREAS, Benedict Kuehne, Susy Ribero -Ayala, Gunster, Richard Diaz, and the
Collazo Law Firm (collectively, "Counsel") represented former Commissioner Alex Diaz de la
Portilla, in the Case styled State of Florida v. Alex Diaz de la Portilla, Case No. F23-018478;
and
WHEREAS, the allegations contained within the criminal complaint arose out of former
Commissioner Alex Diaz de la Portilla's official duties as a commissioner for the City of Miami
and Counsels were retained in defense of that criminal claim; and
WHEREAS, Florida law recognizes that a public official may be entitled to legal
representation at public expense in order to defend himself/herself against litigation arising out
of the performance of his/her official duties. See Thornber v. City of Fort Walton Beach, 568 So.
2d 914 (Fla. 1990); see also Maloy v. Board of County Commissioners of Leon County, 946 So.
2d 1260 (Fla. 1st DCA 2007);
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. Payment of attorneys' fees and costs in an amount not to exceed the
following: Seven Hundred Five Thousand Fifty -Five dollars ($705,055.00) to Kuehne Davis
Law, P.A.; One Hundred Twenty One Thousand Seven Hundred Twenty Three dollars and
Thirty Three Cents ($121,723.33) to Susy Ribero -Ayala, P.A.; Eighty Six Thousand and Ninety -
Seven dollars and Fifty Cents ($86,097.50) to Gunster; Ninety Eight Thousand Five Hundred
and Thirty Five dollars ($98,535.00) to Richard Diaz P.A.; Two Hundred Eight Thousand
($208,000.00) to Collazo Law Firm, P.A.; and One Hundred Nine Thousand Nine Hundred and
Twenty -Six dollars and Eighty One Cents ($109,926.81) for costs.
Section 3. Funds are to be allocated from Account No.
50001.301001.545014.0000.00000.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS: