Resolution 147-2020 RESOLUTION NO. 147-2020
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
AUTHORIZING PAYMENT OF APPELLATE FEES AND
COSTS IN THOMAS F. COLLINS ET AL., AND DONALD
DAVIS V.MONROE COUNTY AND STATE OF FLORIDA.
WHEREAS,on February 15,2017,Circuit Judge Mark Jones entered a Final Judgment for
Plaintiff Donald Davis (hereinafter "Final Judgment") in Thomas F. Collins, et. al. v. Monroe
County and State of Florida(Circuit Court Case No. 04-CA-379-M in the amount of$347,475.53
plus statutory interest from December 31,2016 until the judgment is satisfied;and
WHEREAS,the Final Judgment retained jurisdiction to determine entitlement to costs and
attorney's fees; and
WHEREAS, Monroe County and the State of Florida appealed the Final Judgment to the
Third District Court of Appeal and the Third District per curiam affirmed the Final Judgment on
October 2,2019; and
WHEREAS, on October 2, 2019, the Third District conditionally granted Donald Davis'
motion for appellate attomy's fees; and
WHEREAS, the Final Judgment, exclusive of attomy's fees and costs, was satisfied on
November 22,2019;and
WHEREAS,Donald Davis was represented at the appellate level by Smith Hawks,P.L.and
incurred $66,951.11 in attomy's fees and costs based on the firm's representation of him in the
matter;and
WHEREAS,Monroe County has reached a settlement on appellate attorneys' fees and costs
with Donald Davis and Smith Hawks,P.L.wherein the County will pay the firm$33,475.56,which
is 50%of the firm's total fees and costs, upon receipt of a release by Mr. Davis and the firm as to
the remaining 50%, which would be separately paid by the State of Florida;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
_COMMISSIONERS OF MONROE COUNTY,FLORIDA:
The Monroe County Clerk is authorized to pay Smith Hawks, P.L. $33,475.56.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 206h day of May,2020.
Mayor Heather Carruthers Yes
Mayor Pro Tern Michelle Coldiron Yes
Commissioner Craig Cates Yes
Commissioner David Rice Yes
Commissioner Sylvia Murphy Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE CO NTY,FLORIDA
BY:
M or er Carruthers
(SEAL)
ATTEST:I KEYIN MADOK,CLERK
By: v
As Deputy Clerk
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STC MTYK RN
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