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Home My WebLink AboutR-76-0426RESOLUTION NO. . _64126.. A RESOLUTION AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE TO PAY ATTORNEYS FEES AND COURT COSTS OF $51,109.25 TO KELLY, BLACK, BLACK & KENNY, P.A.,AS ATTORNEYS FOR THE DEFENDANT -OWNERS OF PARCELS 7091-1, 7091-3, and 7091-3A; AND APPRAISAL FEE OF $5500.00 TO DAVID P. BISHOP, JR. & ASSOCIATES; AND APPRAISAL FEE TO SLACK, SLACK & ROE, INC. IN THE AMOUNT OF $5500.00: ARISING "SUPPORTIVESPLATOFCOX ETC AL, CASE I NO.ON A74-4125, aka LATINCTION OF THE CITY ORIVER MIAMIF RONT NITY PARK; C)0(3LJIMENTS LLOCATOIOONOF SAID FUNDSDFROMTPARKS FORRIZING THE PEOPLE BOND FUND. FOLLOW" WHEREAS, by Resolution No. 73-340, passed and adopted April 26, 1973, the City Commission directed the City Attorney to acquire by condemnation the parcels describedtherein in order to create the Latin River Front Community Park Facility; and WHEREAS, by statute the City of Miami, the condemning authority is required to pay into the Court fees and costs arising from this condemnation; and "DOCUMENT INDEX ITEM. WHEREAS, the law firm of Kelly, Black, Black N&OKenny, . ., was retained by the owners of Parcels 7091-1, 7091-3, and 7091-3A; and WHEREAS by Court Order, after a hearing on Defendants' Motion for entry of an order assessing fees and a Motion to tax costs, the law firm of Kelly, Black, Black & Kenny, PA, was awarded attorneys' fees in the amount of $48,000.00 and costs in the sum of $3,109.25, and appraisal fee of $5500.00 was awarded to David P. Bishop, Jr. & Associates, and appraisal fee of $5500.00 was awarded to Slack, Slack & Roe, Inc.; NOW,THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. That the Finance Director be and he is hereby authorized and directed to pay the following fees and costs: CITY COMMISSION MEETING OF APR 2 2 1976 RESO$,UTION 110.,/..... ,.. :C REMARKS Kelly, Black, Black & Kenny Attorneys' fee of $48,000.00 Court Costs of 3,109.25 David P. Bishop, Jr. & Associates Appraisal fee Slack, Slack & Roe, Inc. Appraisal fee $51,109.25 5,500,00 5,500.00. Section 2. That the Finance Director be, and he is hereby authorized and directed to allocate said sums from Parks for People Bond Fund. PASSED and ADOPTED this 77 day of April, 1976. CITY ERK PREPARED AND APPROVED BY: omas H. at. I I I Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: "SUPPORTIVE DOCUMENTS FC;LLOW" CITY OF MIAMI, FLORIDA, a Florida municipal corporation, Plaintiff, vs. PLATO COX, et al., Defendants. "SUPPORTIVE ORDER 'PAYING COSTS AND 'DOCUMENTS A5SE5SI1'3G ATTORNEYS' FEES FOLLOW" RE PARCELS 7091-1, 7091-3 AND 7091-3A IN THE CIRCUIT COURT OP TIIE 11TII JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION Case No, 74-4125 TIHIS CAUSE came on to be heard upon the Motion to Tax Costs and Assess Attorneys' Fees filed by the Defendants WALLACE G. KREIDT, as to Parcel 7091-1; PLATO COX and EDNA COX, his wife, as to Parcel 7091-3, and MAY C. DuPUCH, as to Parcel 7091-3A, and the Court having considered said motion, and being otherwise advised in the premises, it is therefore, ORDERED AND ADJUDGED that the following items of cost be, and the same are hereby taxed against the Plaintiff, CITY OF MIAMI, FLORIDA, in the amount set forth opposite each item as follows: To DAVID P. BISIIOP, JR., & ASSOCIATES, the sum of To SLACK, SLACK & ROE, INC., the sum of ---------- To KELLY, BLACK, BLACK & KENNY, P.A., the sum of $ 5,500.00 $ 5,500.00 $ 3,109.25 and it is further ORDERED AND ADJUDGED that the Court finds and determines the following to be reasonable attorneys' fees for the above named Defendants for their representation in this cause: To KELLY, BLACK, BLACK & KENNY, P.A., attorneys, the sum of and it is further ORDERED AND ADJUDGED that the above sums are hereby found to be reasonable attorneys' fees and costs for the representation of said Defendants, and the Clerk of this Court is hereby directed to pay forthwith, from the sums on deposit in the Registry of this Court in connection with the above- styled cause, the total sum hereinabove provided to KELLY, BLACK, BLACK & KENNY, P.A., as attorneys for said Defendants, the same to be distributed by them in accordance with the awards hereinabove made. In the event the sums on deposit in the Registry of this Court are inadequate to pay the awards herein made, then the Plaintiff is directed to deposit such additional sums as are necessary within twenty (20) days from the date of this Order. DONE AND ORDERED in Chambers at Miami, Dade County, Florida, this ;2 3 day of Conformed copies furnished. to: John S. Lloyd, Esq. William G. Earle, Esq. i 'c. , 1976. 2 CIRCUIT JUDGE "SUPPORTIVE DOCUMENTS FOLLOW" The Honorable Members The Miaiui City CoMMission ER- '<_:F ME!,-;C)RAPJE:)1!P•e1 April 200 1976 City vs Plato Cok Eminent Domain On December 9, 1974, after a full day's hearing in the Circuit Court of Dade County on the issue of public purpose and necessity for the con- demnation of the subject property, the court made a findingthat the _ City's attempt to acquire this property through condemnation was "premature." From this circuit court ruling the City took an appeal to the Third District Court of Appeal. After filing Assignments of Error., a brief and a reply brief, oral argument was had. The Third District Court of Appeal affirmed the lower court's ruling. The City filed a Petition for Rehearing which was denied. The City then filed a Petition for Writ of Certiorari to the Supreme Court of Florida. On February 17, 1976 the City received notice from the Supreme Court of Florida that after reviewing the City's jurisdictional briefs and portions of the record deemed necessary to reflect jurisdiction under Florida Appellate Rule 4.5(c)(6), and it appearing to the Supreme Court that it was without jurisdiction, the Petition for Writ of Certiorari was denied. By Statute (Ch.73) the attorneys for the property owners (3) were entitled _ to a hearing on reasonable attorneys' fees, costs and expenses. A hearing was held before Judge Popper on March 25, 1976, wherein the City presented three attorneys who testified that reasonable attorneys' fee in this case would range from $30,000 to $40,000. The Attorneys for the property owners presented two attorneys who testified that reasonable attorneys' _ fee would range from $50,000 to $70,000. Judge Popper awarded the law firm of Kelly,. Black, Black & Kenny the sum of $48,000. In light of recent Supreme Court decisions, particularly Dade County vs Oolite Rock Company, Judge Popper's award was well within the range of testimony. The City was able to sever the Circuit Court attorneys' fees from the Appellate Court fees. "SUPPORTIVE DOCUMENTS To the Honorable Members of the City Commission Page_ .2. April 20b 1976 Lased on the present Florida case law interpreting the Statute got'ern- ing attorneys' fees, an appeal from this Circuit Court award would result in an affirmation of Judge popper's decision and would incur additional legal expenses by the City to appeal a decision that has little chance of being overturned, Ever since the Oolite case, Circuit Court judges have become more conservative in their awards of attorneys' fees and confine themselves to the framework of the criterion that is set out in the Oolite decision, such as: 1. The time and labor required; the novelty and difficulty of the questions involved;; the skill required to perform the services properly; 2. The likelihood, however apparent to the client, that the acceptance of the particular employment would preclude other employ- ment by the lawyer; 3. The fee consistently charged in the locality for similar services; 4. The amount involved; 5. The time limitations imposed; 6. The nature and length of the professional relationship with the client; 7. The experience, reputation and ability of the lawyer or lawyers performing the services; 8. Whether the fee is fixed or contingent. Based upon all of the above factors and the testimony at the fee hearing, I recommend that the court award of $48,000 plus court costs in the amount of $3,109.25 be paid to Kelly, Black, Black & Kenny; plus the appraisal fee of $5,500 to David P. Bishop, Jr. & Associates; plus the appraisal fee of $5,500 to Slack, Slack & Roe, Inc. All of the above amounts were awarded by the Judge in the court order. JS L:THH:ps r_