RESOLUTION 83-17538 RESOLUTION NO. 83-17538
A RESOLUTION AUTHORIZING THE PAYMENT OF THE
FINAL JUDGMENT IN BUCKLEY VS. CITY OF MIAMI
BEACH TOTALLING $301,192 .64 AND ATTORNEYS FEES
TOTALLING $15 ,221.91, TO BE APPROPRIATED FROM
THE UNAPPROPRIATED FUND BALANCE OF THE CITY OF
MIAMI BEACH.
WHEREAS, on October 4 , 1983, the Third District Court of
Appeal in Buckley vs . City of Miami Beach affirmed the Eleventh
Circuit Court' s final order awarding appellants/condemnees
interest on the final judgment from a condemnation proceeding
initiated by the City in June of 1970; and
WHEREAS , the amount of the judgment payable by the City
as of November 18 , 1983, totals $301,192 .64; and
WHEREAS, the Third District Court of Appeal' s Final
Order also awarded Appellants' attorneys ' fees totalling
$15 ,221. 91 as of November 18 , 1983; and
WHEREAS, the Judgment and Attorneys' Fees are to be paid
to those parties as are more particularly set forth in Exhibit
"A, " attached hereto and incorporated by reference herein;
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Final
Judgment in Buckley vs. City of Miami Beach totalling $301,192 .64 ,
and attorneys ' fees in the amount of $15, 221 .91 be paid to those
parties set forth in Exhibit "A, " such funds to be appropriated
from the the unappropriated fund balance of the City of Miami
Beach and to be paid by the proper financial officers of the City.
PASSED and ADOPTED this 9th day of November , 1983.
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Attest:
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CITY CLERK
FORM APPROVED
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LEGAL DEPT.
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
CITY OF MIAMI BEACH v. BUCKLEY
AMOUNTS REQUIRED TO PAY "ALTERED AND AMENDED
JUDGMENT DATED NOVEMBER 23 , 1982 AS OF NOVEMBER 18 , 1983
PARCEL NO. AMOUNT
OF JUDGMENT PER DIEM INTEREST ON AMOUNT NECESSARY TO ' NAME CHECK PAYABLE
. AS OF NOV. 23, 1982 JUDGMENT PAY AS OF NOV. 18 , 1983 TO :
2 $ 48 , 795. 65 $16 . 04 • $ 54 , 570 . 05 W. F. Esslinger Trust Act
and Mershon, Sawyer,
Johnston, Dunwody, & Cole
• Trust Act
3 53, 182.
26 17 . 48 59 , 475 . 06 W. F. Esslinger Trust Act
4 101, 29 9 . 87 • 33 . 30 30 113 , 287 . 87 Fowler, White , Burnett,
Hurley, Banick &
Strickroot Trust Act
5 66, 044. 06 21. 71
73 , 859 . 66 Fowler, White , Burnett,
Hurley, Banick &
Strickroot Trust Act and
• Henry Carr Trust Act
TOTALS
$269 , 321.. 84 $88 . 53 $301, 192 . 64
NOTE: •
1. Per diem interest calculated for 360 days
•
awarded byDistrict Court of Appeal (including interest as of. November 18 , 1983) :
2. Also to be paid attorneys ' fees aw r p .
'$ 5, 073 . 97 - W. F. Esslinger
5, 073 . 97 - Fowler, White, Burnett, Hurley,-, Banick & Strickroot
5, 073 . 97 - Mershon, Sawyer, Johnston, Dunwody & Cole
EXHIBIT "A" .
ORIGINAL
RESOLUTION NO. 83-17538
(Authorizing the payment of the Final
Judgement in Buckley vs City of Miami Bch.
totalling $301,192.64 and attorneys fees
totalling $15,221.91, to be appropriated
from the unappropriated fund balance of
the City of Miami Beach)