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94-21033 RESO Incomplete OFFICE OF THE CITY ATTORNEY ~ t(J/Uomi 7/tfuA F L o R o A CITY ATTORNEY PO BOX 0 MIAMI BEACH, FLORIDA 331 19-2032 TELEPHONE (3051673-7470 TELECOPY 13051673-7002 LAURENCE FEINGOLD COMMISSION MEMORANDUM NO. sf{ -q.1... DATB: JANUARY 19, 1994 TO: MAYOR SEYMOUR GELBBR, MEMBERS OP THE CITY COMMISSION AND CITY MANAGER ROGER M. CARLTON LAURENCE PEINGOLD ,// W _ /7/1 CITY ATTORNEY V~ ~~ CITY OF MIAMI BEACH V. TURCHIN/CRS - TOPA ARBITRATION PROM: RB: 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. Citv 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 falloff 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. LF:lm C:_f\c_opo.arb AGENO~ ITEM - ID-6 DATE 6 1700 CONVENTION CENTER DRIVE - FOURTH FLOOR - MIAMI BEACH, FLORIDA 33139 , , \ 0Ff'1CC OF THE :;rrv ATTO~EY ~~ tfJlbOmi 71- CITY JIl,TTORNEY F L 0 II D A ~ fII " ,,- po BOX 0 ""A"" BEACH. FLORIOA 331 19-2032 TELEPHONE 13051673-7070 TElECOPY (305) 673.7002 LAURENCE FEINGOLD OOJOaSSIOK KEmRANDUK DATE: NOVEMBBR 18, 1993 TOI KAYOR SBYMOUR GELB. IIBKBBRS OF TD Cl:Tt COIOlIISION CI~Y MANAGBR ROGER.. ~N PROII! LAURENCB FBI.GOLD . ~./} l/ "'~, CIn ATTDRNBY ~ ~ SUBJBCTl TOPA ARBITRATIO. . .. . Please be advised that yeste~daJ Judge David Tobin reduced the arbitration award to JudgDent b~t struck dowd or eliminated our statutory interest. The net effe-=t of this action is to reduce our Judgment from approximately $3 aillion to approximately one-half (1/2) thereof. I feel that Judge Tobin in att~ting to do what he perceived as equity totally disregarded the statutory edict and the $upreme Court decision in Argonaut.... MaJ Plumbing that mandates the imposition of pre-jud9llent and post judgment interest. I am sufficiently comfortable vitia 71CY position that I feel we will prevail on appeal. In additio:1 since Judqe Tobin's ruling so totally iqnores the law, there is a distinct possibility that we can change bis position on a r~earing without.the necessity of going to the Third District CIlu~ of Appeal. Because of the n_d to meve forward on a fast track and forthwith reinstate an interest award in excess of $1 1/2 million I have taken the liberty of assiqning Joel perwin, Esquire as lead counsel in these Appellate .tters. Joel will work with David Swimmer but David is essentiall}- a construction law expert and I believe I a. already on record as to the prowess and ability of Joel perwin in the field of Appellate law. Accordingly while this .elllO does sound an alal'1l it is my professional opinion that the steps I have taken should restore the City to its former award. ,..;:.. L'...':.....\lopo... 7 1700 CO"'EII.T10N CENTER:);: . = _:O\..':-~ F~R - MIAMI BEACH, FLORIDA 33139