HomeMy WebLinkAboutR-76-0748MR:eb
7-19=76
RESOLUTION NO. 76-743
A RESOLUTION AUTHORIZING THE DIRECTOR
OF FINANCE TO ACCEPT THE SUM OF $750.00
IN FULL AND COMPLETE SETTLEMENT IN A
CROSS -CLAIM FILED BY THE CITY OF MIAMI
AGAINST T. V. SCOTT AND ALLSTAR INSURANCE
CORPORATION IN THE CASE OF GISELE FASHIK
VS. CITY OF MIAMI, CIRCUIT COURT NO.
73-1770; AND AUTHORIZING THE CITY MANAGER
AND THE CITY CLERK OF THE CITY OF MIAMI
TO EXECUTE A RELEASE RELEASING T. V.
SCOTT AND ALLSTAR INSURANCE CORPORATION
FROM ANY AND ALL CLAIMS AND DEMANDS ARIS-
ING OUT OF THE ABOVE CLAIM.
WHEREAS, GISELE FASHIK filed suit against the City of
Miami on January 25, 1973, alleging damages due to the City's
demolition of her property located at 1454 N. W. 62nd Street,
in the City of Miami; and
WHEREAS, heretofore, under the date of November 24,
1975, the City Commission did, upon the recommendation of the City's
Law Department, settle said cause with GISELE FASHIR for the sum
of $4,150.00; and
WHEREAS, the Law Department had instituted a cross -suit
against T. V. SCOTT and ALLSTAR INSURANCE CORPORATION; and
WHEREAS, in the opinion of the Law Department the
acceptance by the City of Miami of the sum of $750.00 is adequate
and satisfactory disposition of said cross -claim;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. That the Director of Finance be, and he is
hereby,authorized to accept the sum of $750.00 in full and complete
settlement in a cross -claim filed by the City of Miami against T. V.
Scott and Allstar Insurance corporation in the case of GISELE
FASHIK vs. CITY OF MIAMI, Circuit Court No. 73-1770.
Nu
ll r r,
CITY COMMISSION
MEETING OF
JUL 221916
RESOLUTION NO. f � , / 1
RENAHKS:
Section 2. That the City Manager and the City Clerk
be, and they are hereby, authorized to execute a release, releasing
T. V. Scott and Allstar Insurance Corporation from any and all
claims and demands arising out of the above claim.
PASSED AND ADOPTED this 22 day of DULY
1976.
4*
ATT
H. D. SOUTHERN
CITY CLERK
PREPARED AND APPROVED BY:
MONTAIUE ROSENERG
ASSIS ANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
FRANK H. WESTON
ACTING CITY ATTORNEY
MAURICE A. FERRE
MAY 0 R
HONORABLE MEMBERS OF
THE CITY COMMISSION
I 1
Frank H. Weston
Acting City Attorney
iNTER-'=;F 1C.: MEMOR1"+"`JD
July 20, 1976
Gisele Fashik vs. City of Miami
Circuit Court Case 73-1770
On January 25, 1973, Gisele Fashik filed a suit against the City
of Miami, alleging damages due to the City's demolition of her
property located at 1454 N. W. 62nd Street, in the City of Miami.
Under the date of November 24, 1975, the City Commission did, upon
the recommendation of the Citv's Law Department, settle said cause
with Gisele Fashik for the sum of $4,150.00, based upon the advice
of the Citv's appraiser that it wasa fortuitous settlement for the
City
Further investigation by the Law Department indicates that although
a cross -suit was filed against T. V. Scott and Allstar Insurance
Corporation, there never was any clear proof that T. V. Scott
actually received notice to desist from demolition after he had
been initially authorized to do it. Scott is not available to
testify at this time. although he did indicate to the Law Department
and to Assistant City Attorney Montague Rosenberg that he, in fact,
had no notice of the cancellation of the Demolition Work Order.
In view of the difficulties of establishing a cause of action on
the cross -claim against T. V. Scott and Allstar Insurance Corpora-
tion, the Law Department determined it wise to accept the offer of
$750.00 payable to the City to dispose of the City's said cross -claim
against T. V. Scott and Allstar Insurance Corporation for the sum of
$750.00 and I accordingly recommend its' acceptance.
FHW:MR:eb
Attachment
PREPARED AND APPROVED BY:
. <
Montague Rosenberg
Assistant City Attorney