Commission Memorandum No. 58-94 •
`• OFFICE OF THE CITY ATTORNEY
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LAURENCE FEINGOLD *�i.ccv
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CITY ATTORNEY H2e MIAMI BEACH,FLORIDA 33119-2032
TELEPHONE(305)673-7470
TELECOPY (305)673-7002
COMMISSION MEMORANDUM NO. 5g-9 1
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DATE: JANUARY 19, 1994
TO: MAYOR SEYMOUR GELBER,
MEMBERS OF THE CITY COMMISSION AND
CITY MANAGER ROGER M. CARLTON
FROM: LAURENCE FEINGOLD °`Y¢06
CITY ATTORNEY ���///L2
RE: CITY OF MIAMI BEACH V. TURCHIN/CRS - TOPA ARBITRATION
As the City Commission is aware from previous reports from the
undersigned, including the attached report of November 18, 1993,
our judgment in the above styled matter has been reduced from
approximately $3 million to approximately half thereof by virtue of.
the court order of Judge David Tobin striking pre-judgment and
post-judgment. interest.
As indicated by the attached memorandum of November 18, 1993,
Joel S. Perwin, Esq. is the lead counsel in the City's Appeal to
re-instate our award of "interest".
It now has come to the attention of both the City Attorney and
Joel S. Perwin that his law firm has represented the plaintiff
since January 29, 1992 in a slip and fall case, known as Dan v.
City of Miami Beach. The plaintiff, Gloria Dan, was riding a
bicycle on Fisher Island Drive when she encountered a dip in the
road 'which allegedly caused her to fall off her bicycle, sustaining
fractures of her shoulder, elbow, wrist .and ribs, as well as other
injuries. The original defendant was Island Developers, Ltd. In
November of 1993, the City of Miami Beach was added as a party
defendant along with Metropolitan Dade County and Florida Power and
Light. The attached letter of January 7, 1994 attests to the nature
of the conflict that our appellate attorney, Joel S. Perwin, finds
himself in.
RECOMMENDATION:
There is absolutely no relationship between the Dan v. City
of Miami Beach case and the TOPA Arbitration. The City Attorney is
on record as to the ability of Joel S. Perwin as an appellate
lawyer and recommends that the City Commission waive the conflict
of interest that this situation has created, so that Mr. Perwin may
continue to vigorously prosecute the appellate matters in the TOPA
Arbitration.
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DATE I - 19- 9 4
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1700 CONVENTION CENTER DRIVE—FOURTH FLOOR-MIAMI BEACH, FLORIDA 33139
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OFFICE OF THE C11Y ATTOflUEY
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F L O R I D A
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LAURENCE FEINGOLD
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CITY ATTORNEY v a � MIAMI BEACH,FLORIDA 33 1 1 9-2032
TELEPHONE(305)673-7470
TELECOPY (305)673-7002
COMMISSION NMMORANDUM
DATE: NOVEMBER 18, 1993
TO: MAYOR SEYMOUR GELBER
MEMBERS OF THE CITY CO3. MI88ION
.CITY MANAGER ROGER I. CARLTON
FROM: LAURENCE FEINGOLD • �J
CITY ATTORNEY �-�G��
SUBJECT: TOPA ARBITRATION
Please be advised that yesterday Judge David Tobin reduced the
arbitration award to Judgment but struck dowel or eliminated our
statutory interest. The net effect of this action is to reduce our
Judgment from approximately $3 million 'to approximately one-half
(1/2) thereof.
I feel that Judge Tobin in attempting to do what he perceived
as equity totally disregarded the statutory edict and the Supreme
' Court decision in Argonaut v. May Plumbing that mandates the
imposition of pre-judgment and post judgment interest. I am
sufficiently comfortable with my position that .I feel we will
prevail on. appeal. In addition since Judge Tobin's ruling so
totally ignores the law, there is a distinct possibility that we
can change his position on a rehearing without .the necessity of
going to the Third District Court of Appeal.
Because of the need to move forward . on a fast track and
forthwith reinstate an interest award in excess of $1 1/2 million
I have taken the liberty of assigning Joel Perwin, Esquire as lead
counsel in these Appellate matters. Joel will work with David
Swimmer but David is 'essentially a construction law expert and I
believe I am already on record as to the prowess and ability of
Joel Perwin in the field of Appellate law.
Accordingly while this memo does sound an alarm it is my
professional opinion that the steps I have taken should restore the
City to its former award.
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1700 CO".JENTION CENTER DR .E -=01.=--I F..00R-MIAMI BEACH,FLORIDA 33139