Resolution 86-18395 st
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RESOLUTION NO. 86-18395
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
CITY ATTORNEY'S OFFICE TO INITIATE APPEAL
PROCEEDINGS IN THE EMINENT DOMAIN ACTION
STYLED CITY OF MIAMI BEACH V. ABE RESNICK,
TRUSTEE, ET AL. , AND FURTHER AUTHORIZING
APPROPRIATION FROM METERED PARKING BOND FUND
382 of $85 ,000 AS ATTORNEY'S FEES FOR PARCEL
NUMBERS 1, 4, 5 AND 6.
WHEREAS, on February 18, 1986, Judge John Gale of the
Eleventh Circuit Court in and for Dade County, Florida awarded
attorney' s fees in the amount of $175,000. 00 to Laurence Feingold,
Esquire, attorney for parcel numbers 1, 4, 5 and 6 in the eminent
domain action styled City of Miami Beach v. Abe Resnick, Trustee,
et al, Case No. 85-06407; and
WHEREAS, based upon expert opinion as referenced to more
specifically in the accompanying Commission Memorandum No. 153-86 ,
the above designated attorney's fee award is deemed to be
unreasonable; and
WHEREAS, in light of the excessive award, it is the
opinion of the City Attorney that an appeal should be taken; and
WHEREAS, a reasonable attorney's fee is opined to be
$85,000 .00 , which sum should be deposited into the Registry of the
Court for purposes of avoiding any interest charges thereon; and
WHEREAS, funding in the amount of $85,000.00 is
available in the Metered Parking Bond Fund (382) .
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the City
Attorney' s office is directed to initiate appeal proceedings in
the eminent domain action styled City of Miami Beach v. Abe
Resnick, Trustee, et al for purposes of reviewing the February 18,
1986 award of attorney' s fees re: parcel numbers 1, 4, 5 and 6.
BE IT ALSO DULY RESOLVED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA that the appropriation of $85,000.00
-1-
be made by Work Order 2952 from the Metered Parking Bond Fund
(382) and authorization to spend be granted.
PASSED and ADOPTED this 5rh day of March
1986.
MAYOR
ATTEST:
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CITY CLERK
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FOS^1! APPROVE
LEGAL DE'T.
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OFFICE OF THE'CITY ATTORNEY
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ARNOLD M.WEINER "j� if 2e4? MIAMI BEACH;FLORIDA 33119
CITY ATTORNEY TELEPHONE: 673-7470
COMMISSION MEMORANDUM iS3-S
DATE: MARCH . 5, 1986
TO: . Mayor Alex. Daoud and
Members of the City Commission
City Manager Rob. Parkins
FROM:. Arnold M. Weiner G "J
City Attorney
SUBJECT: CITY OF MIAMI. BEACH V. ABE RESNICK, TRUSTEE, ET AL:
AUTHORIZATION TO APPEAL
On February 18, 1986, Judge John Gale of the Eleventh Circuit
Court for Dade County, Florida awarded to Laurence Feingold ,
Esquire attorney's fees in the amount of $175,000.00 for his
representation of parcel numbers 1, 4, 5 and 6 in the above styled
eminent< :domain °`action. Pursuant to Florida Statute §73.091, a
"reasonable" attorney's fee shall be assessed by the Court; at the
hearing on Attorney Feingold' s Motion for Attorney's Fees, Charles
Stratton, Esquire and Norman Malinski, Esquire testified on behalf
of the City that after reviewing the case file and relevant case
law, a reasonable attorney' s fee would be' between $75,000 and
$85,000. Based on these opinions, Judge Gale's order is
excessive As such, I advise that the City appeal the subject
order for: purposes of reducing the court award. ' Upon your
direction, I ,will file the necessary papers to initiate this
appeal process.
Concurrent with the appeal, I further advise that the City deposit
$85,000.00 into the Court' s Registry, said figure representing a
reasonable attorney's fee as testified to by Attorneys Stratton
and Malinski. By depositing this sum, interest charges of 12% per
year may , be assessed only on the excess amount determined
reasonable by the court.
Funding for this payment is from the Metered Parking Bond. Fund
(382) and should be appropriated by Work Order 2952.
RECOMMENDATION .
Based upon the above, it is my recommendation that an appeal be
taken of. the February 18 , 1986 Order awarding attorney' s ; ,fees in
theamount ' of. '$175 ,000.00 in the eminent domain action styled City
of Miami Beach v. Abe Resnick, Trustee, et al. In addition, it is
recommended that $85,000.00 be deposited into the Court' s Registry
as attorney's fees for parcel numbers 1, 4, 5 and 6, ,and that
these funds be appropriated from the Metered Parking Bond Fund
(382) by Work Order 2952. Attached is an appropriate resolution
for your review.
AMW/JKO/rg
APPROVED AS TO FUNDING.SOURCE
OFACE OF MANAGEMENT AND BUDGET AGENDA
ITEM R-�`�f- E
FEB. 2 7.18 6 DATE
ORIGINAL
RESOLUTION NO. 86-18395
(Authorizing the City Attorney's Office
to initiate appeal proceedings in the
amp
eminent„domain action styled City of Miami
Beach V. Abe Resnick_ , Trustee, ET AL, and
further "authorizing appropriation from
metered parking bond fund 382 of $85,000
as attorney's fees for Parcel Numbers 1, 4,
5 and 6)
S
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