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HomeMy WebLinkAboutR-26-0148City of Miami Resolution R-26-0148 Legislation 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, ET AL., 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 authorizedI to accept the settlement offer. Section 3. The City Manager is authorized 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. City of Miami Page 1 of 2 File ID: 19015 (Revision:) Printed On: 4/14/2026 File ID: 19015 Enactment Number: R-26-0148 APPROVED AS TO FORM AND CORRECTNESS: g Wy j ng III, C y ttor y 3/30/2026 City of Miami Page 2 of 2 File ID: 19015 (Revision:) Printed on: 4/14/2026