HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO:
FROM: George K. Wysong III, City Attorney kitfroe:
DATE: April 9, 2026
RE: City Commission Meeting- April 9, 2026
Settlement regarding the matter of Emilio Tomas Gonzalez v. City of Miami, et
al., Miami -Dade County Case No. 2025-12463-CA-01, and City of Miami v.
Emilio Tomas Gonzalez, et al., Third District Court of Appeal.
Case No. 3D2025-1398
File No.: 19015
Honorable Mayor and Members of the City Commission
The attached proposed Resolution seeks authorization for full and final settlement of all
appellate attorney's fees and taxable trial and appellate costs against the City of Miami ("City")
in the trial and appellate level for the matter of Emilio Tomas Gonzalez v. City of Miami, et. al.,
Miami -Dade County case number 2025-12463-CA-01 and Third District Court of Appeals case
number 3D2025-1398.
Emilio Tomas Gonzalez, a candidate for Mayor, brought suit through his counsel
Lawson, Huck, Gonzalez, PLLC, alleging that Ordinance No. 14376, adopted on June 26, 2025
was invalid. At an expediated hearing, the trial court ruled in favor of Mr. Gonzalez which
entitled him to taxable costs as the prevailing party. The City appealed the trial court's decision
to the Third District Court of Appeals. On appeal, Lawson, Huck, Gonzalez, PLLC alleged
entitlement to appellate attorney's fees due to the preemption argument presented under Florida
Statute 57.112. The Third District Court of Appeals affirmed the trial court's ruling and found
Lawson, Huck, Gonzalez, PLLC was entitled to appellate attorney's fees. The parties have
negotiated that amount and reduced it to a total of $150,000.00, to be reflected in a final
judgment.
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
the General Liability Account No. 50001.301001.545013.0000.00000.
Attachment(s)
cc. James Reyes, City Manager
Miriam M. Santana, Agenda Coordinator
GKW/NB
City of Miami
Legislation
Resolution
Enactment Number: R-26-0148
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 19015 Final Action Date:4/9/2026
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
SETTLEMENT OF THE CLAIMS FOR APPELLATE ATTORNEY'S FEES AND
TAXABLE TRIAL AND APPELLATE COSTS RELATED TO EMILIO TOMAS
GONZALEZ V. CITY OF MIAMI, ET AL., MIAMI-DADE COUNTY CASE NO. 2025-
12463-CA-01, AND CITY OF MIAMI V. EMILIO TOMAS GONZALEZ, ETAL., THIRD
DISTRICT COURT OF APPEAL, CASE NO. 3D2025-1398, RESOLVING ALL
OUTSTANDING ISSUES IN THESE CASES.
WHEREAS, Plaintiff, Emilio Tomas Gonzales, filed a lawsuit for declaratory and
injunctive relief through his counsel from Lawson, Huck, Gonzalez, PLLC, concerning the
passage of Ordinance No. 14376, adopted on June 26, 2025; and
WHEREAS, the Circuit Court in and for Miami -Dade County granted Summary
Judgment for the Plaintiff, an appeal of which was filed with the Third District Court of Appeal,
which deemed the Plaintiff to be the prevailing party entitled to appellate attorney's fees; and
WHEREAS, the parties have reached an agreement on appellate attorney's fees and
taxable trial and appellate costs, subject to the approval of this Commission;
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. The City Manager is authorized' to accept the settlement offer.
Section 3. The City Manager is authorized1 to issue payment of One Hundred Fifty
Thousand and 00/100 Dollars ($150,000.00) to Lawson, Huck, Gonzalez, PLLC, in full and
complete satisfaction of any claim for appellate attorney's fees and taxable trial and appellate
costs, including a final judgment, in a form acceptable to the City Attorney, reflecting the same
with stipulation as to the hourly rates of the Plaintiff's attorneys.
Section 4. Payment shall be issued within thirty (30) calendar days of approval of this
settlement.
Section 5. This Resolution shall become effective immediately upon its adoption.
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
APPROVED AS TO FORM AND CORRECTNESS:
g III, C yE[ttorey J 3/30/2026