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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. Page 1 of 2 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 fl-v STC MTYK RN Data S. 2 20 a Pin - N c N 'D 2J a m , 0 a Page 2 of 2