Res No 093-16-14648RESOLUTION NO.093-16-14648
A Resolution directing the City Attorney tohire outside counsel andtofilean
appeal with the Third District Court of Appeals forthe State of Floridain the case
of Orlando Martinez de Castro v.City of South Miami,Case No.13-09342-CA-15.
WHEREAS,theCityAttorneyrepresentstheCity of SouthMiamiinthelawsuitbroughtby
OrlandoMartinezdeCastroagainsttheCity of SouthMiamiforbreach of anemploymentcontract;and
WHEREAS,thetrial judge enteredapartialsummary judgment onMarch 10,2015;and
WHEREAS,thetrialjudgerenderedaverdictondamages of $434,731.85 onApril21,2016;
and
WHEREAS,thetimetoappeal,withoutthefiling of atimelymotionfornewtrialorrehearing,
willexpireonoraboutMay 21,2016;and
WHEREAS,theCity Attorney hasconsultedwithatleasttwo appellate attorneys concerning the
partialsummary judgment andtheybothagreethatthetrialjudgecommittedvariouslegalerrorswhich
warrant reversal of the summary judgment;and
WHEREAS,the verdict on damages,inthe opinion of theCity 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 aswellasan attorney's fee expert andtotakeall reasonable action to appeal thetrial court's
verdict aswellasall other orders of thecourtwhichtheCity Attorney and/or outside appellate counsel
determines tobe appropriate,including,butnotlimitedto,anyfuture award of cost and/or attorney's fees.
Section 2.If any section clause,sentence,or phrase of this resolution isforany reason held
invalid or unconstitutional bya court of competent jurisdiction,the holding shallnot affect the validity of
the remaining portions of this resolution.
Section 3.This resolution shalltakeeffect immediately uponadoption.
PASSED AND ADOPTED this 17thdav of May 2016.
TITTCLE
READ AND
LANGUAGE
AND
OVED AS TO FORM,
GALITY,
APPROVED
COMMISSION VOTE 4 -1
Mayor Stoddard:Yea
Vice Mayor Welsh:Yea
Commissioner Edmond:Yea
Commissioner Harris:Yea
Commissioner Liebman:Nay