HomeMy WebLinkAboutR-26-0113City of Miami
Resolution R-26-0113
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 18916 Final Action Date: 3/12/2026
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
PAYMENT OF ATTORNEYS' FEES AND COSTS IN AN AMOUNT NOT TO
EXCEED THIRTY-FIVE THOUSAND EIGHT HUNDRED SIXTY-SEVEN
DOLLARS AND FIFTY CENTS ($35,867.50) TO BUSCHEL GIBBONS, P.A. AS
REIMBURSEMENT FOR LEGAL FEES IN THE CASE OF SAMUEL LEE SMITH
JR. V. CITY OF MIAMI, ET AL., CASE NO.: 23-CV-24150-MD IN THE UNITED
STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA;
ALLOCATING FUNDS FROM ACCOUNT NO.
50001.301001.545010.0000.00000.
WHEREAS, Buschel Gibbons, P.A. ("Counsel") provided legal representation for City of
Miami ("City") Police Officer Eric Marti ("Officer"), in the matter of Samuel Lee Smith Jr. v. City of
Miami, et al., Case No. 23-CV-24150-MD in the United States District Court for the Southern
District of Florida.
WHEREAS, Counsel have asserted a claim for fees incurred in the representation of the
Officer; 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 the amount not to exceed Thirty -
Five Thousand Eight Hundred Sixty -Seven Dollars and Fifty Cents ($35,867.50) to Buschel
Gibbons, P.A. inclusive of all fees and costs, as reimbursement for legal fees in the Case is
authorized.'
Section 3. Funds are to be allocated from Account No. 50001.301001.545010.0.0.
Section 4. 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: 18916 (Revision:) Printed On: 3/20/2026
File ID: 18916 Enactment Number: R-26-0113
APPROVED AS TO FORM AND CORRECTNESS:
g Wy j ng III, C y ttor y 3/2/2026
City of Miami Page 2 of 2 File ID: 18916 (Revision:) Printed on: 3/20/2026