94-21033 RESO Incomplete
OFFICE OF THE CITY ATTORNEY
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CITY ATTORNEY
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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.
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1700 CONVENTION CENTER DRIVE - FOURTH FLOOR - MIAMI BEACH, FLORIDA 33139
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0Ff'1CC OF THE :;rrv ATTO~EY
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CITY JIl,TTORNEY
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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.
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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.
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1700 CO"'EII.T10N CENTER:);: . = _:O\..':-~ F~R - MIAMI BEACH, FLORIDA 33139