Res. No. 050-03-1159950-03-11599
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO
ATTORNEYS'FEES;APPROVING ATTORNEYS'FEES FOR
GREENBERG TRAURIG,P.A.,IN THE AMOUNT OF $4,230.71;
CHARGING $4,230.71 TO ACCOUNT NO.1500-514-3450,
OTHER CONTRACTUAL SERVICES;PROVIDING AN
EFFECTIVE DATE.
WHEREAS,inthecase of NationalRifle Ass'n.of America,Inc.,et al.v.
City of South Miami,Case No.00-17530-CA-09 (Fla.11th Cir.Ct.2000)the NRA
fileda notice of appealwiththeFloridaThirdDistrict Court of Appeal fromthe
lower court's favorable order denying itsmotionfor attorneys'fees;and,
WHEREAS,with thecity commission's consent,thecity attorney retained
outside counsel to defend theappeal;and,
WHEREAS,Greenberg Traurig,P.A.,submitted aninvoicetothecityfor
legal services rendered,andcostsadvanced,forthe period ending
February 28,2003,inthe amount of $4,230.71;and,
WHEREAS,thecity attorney recommends payment of the attached invoice
asthe amount of feesandcostsarereasonableandnecessary.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.The invoice for attorneys'feesandcosts received from
Greenberg Traurig,P.A.,inthetotal amount of $4,230.71,is approved for
payment and charging the amount to account no.1500-514-3450,Other
Contractual Services.
Section 2.This resolution shalltakeeffect immediately upon approval.
Additions shownbyunderlininganddeletionsshownby ovorstriking.
To:
Cc:
From:
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
Mayor andCity Commission Date:March 27,2003
Sandy Youkilis,Acting CityManager
Hakeem Oshikoya,Finance Director
Earl G.Gallop.City Atfgrj^y Re:Resolution Approving Payment of
Attorneys*Fees and Costs to
Greenberg Traurig,P.A.
Subject:Approval of payment of $4,230.71 toGreenbergTraurig,P.A.forservices
renderedinconnectionwiththe representation of thecityandcityattorneyonthe NRA's
appeal of theorderdenyingitsmotionforattorney'sfeesinthematter of National Rifle
Ass'n.ofAmerica,Inc.,etal v.City of South Miami Case No.00-17530-CA-09 (Fla.11th
Cir.Ct.2000).
Discussion:TheNRAfiledamotionfor attorneys"feesandcostsintheapproximate
amount of $224,000followingthereversal of thefavorabletrialcourtorderbytheFlorida
ThirdDistrictCourt of Appeal.With thecity commission's consent,thecityattorneyretained
outsidecounseltodefendagainstthemotion.OnSeptember24.2002.thecircuitcourt
entereditsrulingdenyingthe NRA's motion for attorneys*fees.TheNRAappealedthe
lower court's rulingtotheFloridaThirdDistrictCourt of Appeal.Again,withthecity
commission's consent,thecityattorneyretainedoutsidecounseltodefendtheappeal of the
lowercourtruling.Thisinvoiceno.1010413 from appellatecounselispresentedfor
payment.I recommend approval of theinvoicefor payment asthe amount of feesandcosts
are reasonable and necessary.
Recommendation:Approve theresolution authorizing payment of theinvoice.
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To:Mayor and City Commission Date:March 27,2003
Cc:Sandy Youkilis,Acting City Manager
Hakeem Oshikoya,Finance Director *f
From:Earl G.Gallop,City M^y.Re:Resolution Approving Payment of
Attorneys'FeesandCoststo
Greenberg Traurig,P.A.
Subject:Approval of payment of $4,230.71 to Greenberg Traurig,P.A.for services
rendered in connection with the representation of the city and city attorney on the NRA sappealoftheorderdenyingitsmotionforattorney's fees in the matter of Nat,omlR,fle
Ass*,ofAmerica,Inc.,et al.v.City of South Miami,Case No.00-17530-CA-09 (Fla.11
Cir.Ct.2000).
Discussion:The NRA filed a motion for attorneys'fees and costs in the approximate
amount of $224,000 following the reversal of the favorable trial court order by the Florida
Third District Court of Appeal.With the city commission's consent,the city attorney retained
outside counsel to defend against the motion.On September 24,2002 Ae circuit court
entered its ruling denying the NRA's motion for attorneys'fees.The NRA appealed the
lower court's ruling to the Florida Third District Court of Appeal Again,with the city
commission's consent,the city attorney retained outside counsel to defend the appeal of the
lower court ruling.This invoice no.1010413 from appellate counsel is presented forpayment.Irecommend approval of the invoice for payment as the amount of fees and costs
are reasonable and necessary.
Recommendation:Approve the resolution authorizing payment of the invoice.
CITY OF SOUTH MIAMI
6130SunsetDrive,SouthMiami,Florida33143
Vendor:Greenberg Traurig,P.A.
Finance Department
Item
No.
1
Quantity
1
Descriptionand
Specifications
Other Contractual
Services
TOTAL
Purchase Order No.Terms/Discount
Req.No.128
Date:March 26,2003
Account Number Unit Price Total
1500-514-3450 $4,230.71 $4,230.71
$4,230.71
IHerebyCertifyThatThe
Above Material,Equipment,
Or Service Is Essential And A
Proper Request Against The
Codes Charge
CodingofAccounts Approved Purchases asAbove Approved
and Issuance of Purchase Order
Authorized
-Headof Department
Sufficiency of Appropriation
Balances Verified (Except As
Otherwise Noted)
Finance Department City Manager
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO
ATTORNEYS'FEES;APPROVING ATTORNEYS'FEES FOR
GREENBERG TRAURIG,P.A.,IN THE AMOUNT OF $4,230.71;
CHARGING $4,230.71 TO ACCOUNT NO.1500-514-3450,
OTHER CONTRACTUAL SERVICES;PROVIDING AN
EFFECTIVE DATE.
WHEREAS,in the case of National Rifle Ass'n.of America,Inc.,et al v.
City of South Miami,Case No.00-17530-CA-09 (Fla.11th Cir.Ct 2000)the NRA
filed anotice of appeal with the Florida Third District Court of Appeal from the
lower court's favorable order denying its motion for attorneys'fees;and,
WHEREAS,with the city commission's consent,the city attorney retained
outside counsel to defend the appeal;and,
WHEREAS,Greenberg Traurig,P.A.,submitted an invoice to the city for
legal services rendered,and costs advanced,for the period ending
February 28,2003,in the amount of $4,230.71;and,
WHEREAS,the city attorney recommends payment ofthe attached invoice
as the amount of fees and costs are reasonable and necessary.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1 The invoice for attorneys'fees and costs received fromGreenblrFfr^rig,P.A.,in the total amount of ^'^^^^payment and charging the amount to account no.1500-514-3450,Other
Contractual Services.
Section 2.This resolution shall take effect immediately upon approval.
Additions shown by underlining and deletions shown by ovorotriking.
PASSED AND ADOPTED this day of March,2003.
ATTEST:APPROVED:
CITY CLERK MAYOR
COMMISSION VOTE:
READ AND APPROVED AS TO FORM:Mayor Feliu:
Vice MayorRussell:
r^T/<^-^Sg^//£y^Commissioner Wiscombe:
CITY ATTORNEY Commissioner Bethel:
Commissioner McCrea:
WDell 6100\Documents\0022\DAJ\l 7413.doc
Page2 of2
I RESOLUTION NO.
2
3A RESOLUTION OF THE MAYOR AND CITY COMMISSION
4 OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO
5 ATTORNEYS'FEES;APPROVING ATTORNEYS'FEES FOR
6 GREENBERG TRAURIG,P.A.,IN THE AMOUNT OF $4,230.71;
7 CHARGING $4,230.71 TO ACCOUNT NO.1500-514-3450,
8 OTHER CONTRACTUAL SERVICES;PROVIDING AN
9 EFFECTIVE DATE.
II WHEREAS,in the case of National Rifle Ass'n.of America,Inc.,et al.v.
12 City of South Miami,Case No.00-17530-CA-09 (Fla.11th Cir.Ct.2000)the NRA
13 filed a notice of appeal with the Florida Third District Court of Appeal from the
14 lower court's favorable order denying its motion for attorneys'fees;and,
16 WHEREAS,with the city commission's consent,the city attorney retained
17 outside counsel to defend the appeal;and,
1819 WHEREAS,Greenberg Traurig,P.A.,submitted an invoice to the city for
20 legal services rendered,and costs advanced,for the period ending
21 February 28,2003,in the amount of $4,230.71;and,
2223 WHEREAS,the city attorney recommends payment ofthe attached invoice
24 as the amount of fees and costs are reasonable and necessary.
26 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
27 COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
2829 Section 1 The invoice for attorneys'fees and costs received from
30 Greenberg Traurig,P.A.,in the total amount of $4,230.71,is approved for
31 payment and charging the amount to account no.1500-514-3450,Other
32 Contractual Services.
3334 Section 2.This resolution shall take effect immediately upon approval.
35
Additions shown by underlining and deletions shown by ovorotriking.
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PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
WDell 6100\Documents\0022\DAJ\174l3.doc
day of March,2003.
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Russell:
Commissioner Wiscombe:
Commissioner Bethel:
Commissioner McCrea:
Page2 of2
City of South Miami
c/oEarlG.Gallop,Esq.
3225 Aviation Avenue
Suite 301
Miami,Florida 33133-4741
SYS AT LAWATT0BNE
1
TTsrvoTCtt
Invoice No.
File No.
Bill Date
1010413
60675.010100
March 10,2003
Re:South Miami adv.National Rifle Association
Irjyil Smrirr*thrnnph FehniaQL28^2Qm:TotalFees:$3,838.50
Facsimile Charges
PhotocopyCharges
TelephoneExpenses
Information and Research
3.00
2.70
0.16
386.35
Total Expenses:
Current Invoice:
Previous Balance (see attached statement):
Total Amount Due:
392.21
4.230.71
4,428.00
8*658,21
EHSrYLE
Tax ID:59-1270754
1221 BRICKELLAVENUE MIAMI,FLORIDA33131 ^^^Jg^JLaMI NEWYORK NEWJERSEY
Account Statement
Dale Invnine #
02/07/03 996219 _
Totals:$
A TT O K N EVS AT L A W
I
Ffigg Due
4,416.00
4,416.00 $
pryppngpig Due
12.00
Invoice No.:1010413
File No.:60675.010100
ptWDiie
0.00 4,428.00
12.00 $0.00 $4,428.00
EHS:YLE
Tax ED:59-1270754
1991 BRICKELL AVENUE MIAMI,FLORIDA 33131 305-579-0500 F^3?*^™^NEWYORK NEWJERSEY
InvoiceNo.:1010413
Re:South Miami adv.National Rifle Association
MatterNo.:60675.010100
r>pgp.riptinn of Professional
HATE TTMPgFKPKR
02/11/03 ElliotH.Scherker
02/18/03
02/19/03
02/23/03
02/24/03
Elliot H.Scherker
Elliot H.Scherker
Elliot H.Scherker
Joan B.Gray
02/25/03 Joan B.Gray
02/26/03 Joan B.Gray
gprvireg Tendered?
npgrPTPTTON
Teleconference withS.Halbrook;prepare
extension motion
Continue drafting answer brief
Continue drafting answer brief
Reviseandeditanswer brief
Proofread,cite check and source check all
statements and quotations in South Miami's answer
brief
Proofread,cite check and source check all
statements and quotations in South Miami's answer
brief
Proofread,cite check and source check all
statements and quotations in South Miami's answer
brief
Finaleditstofirstdraftof answer brief
Tntal Time:
T»ta1 FpftS-
02/26/03ElliotH.Scherker
Page1
HOT IRS AMOTTNT
0.15 45.00
1.50 450.00
4.20 1260.00
0.80 240.00
3.50 472.50
6.20 837.00
3.40 459.00
0.25 75.00
20.00
$3,838.50