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RESOLUTION NO. ___ _
A Resolution directing the City Attorney to hire outside counsel and to file an
appeal with the Third District Court of Appeals for the State of Florida in the case
of Orlando Martinez de Castro v. City of South Miami, Case No. 13-09342-CA-15.
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WHEREAS, the City Attorney represents the City of South Miami iu the lawsuit brought by
Orlando Martinez de Castro against the City of South Miami for breach of an employment contract; and
WHEREAS, the trial judge entered a partial summary judgment on March 10,2015; and
WHEREAS, the trial judge rendered a verdict on damages of $434,731.85 on April 21, 2016;
and
WHEREAS, the time to appeal, without the filing of a timely motion for new trial or rehearing,
will expire on or about May 21, 2016; and
WHEREAS, the City Attorney has consulted with at least two appellate attorneys concerning the
partial summary judgment and they both agree that the trial judge committed various legal errors which
warrant reversal of the summary judgment; and
WHEREAS, the verdict on damages, in the opinion of the City Attorney, included elements that
were not supported by the evidence.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The City Commission hereby directs the City Attorney to hire outside appellate
counsel as well as an attorney's fee expert and to take all reasonable action to appeal the trial court's
verdict as well as all other orders of the court which the City Attorney andlor outside appellate counsel
determines to be appropriate, including, but not limited to, any future award of cost andlor attorney's fees.
Section 2. If any section clause, sentence, or phrase of this resolution is for any reason held
iuvalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of
the remaining portions of this resolution.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this __ day of _____ , 2016.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY,
AND EXECUTION THEREOF:
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Edmond:
Commissioner Harris:
Commissioner Liebman: