Case No. CA-M-04-379_05/20/2020 IN THE CIRCUIT COURT OFTHE SIXTEEN JUDICIAL CIRCUIT IN
AND FOR MONROE COUNTV, FLORIDA
THOMAS F.COLLINS,et al., and
DONALD DAVIS,
Plaintiffs,
VS. CASE NO. CA-M-04-379
MONROE COUNTY, a Political Subdivision
of the State of Florida,
and
STATE OF FLORIDA
Defendants.
SETTLEMENT AND RELEASE AGREEMENT
This Settlement and Release Agreement ("Agreement") is made and entered into by
Donald Davis and Smith Hawks, P.L. (hereinafter collectively "Releasors")and Monroe County,
Florida (also referred to herein as "Releasee"). The purpose of this Agreement is to settle a
claim against Monroe County for appellate attorney's fees and costs incurred by Mr- Davis based
on Smith Hawks' representation of him in the above-captioned matter.
WHEREAS, on February 15. 20 1), Circuit Judge Mark Jones entered a Final JudgTnent 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 froin December 31, 2016 until .he judgment was satisfied;
and
Wl IEREAS, the Final Judgment found Monroe County and the State of Florida jointly and
severally liable; and
WHEREAS,the Final Judgment retained jurisdiction to determine any 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 curiarn affirmed the Final Judgment on
October 2, 2019;and
and WHEREAS, Donald Davis was represented at the appellate level by Smith Hawks, P.L.;
WHEREAS, on October 2, 2019, the Third District conditionally granted Donald Davis'
motion for appellate attomey's fees; and
WHEREAS, the Final Judgment, exclusive of attorney's fees and costs, was satisfied on
November 22, 2019;and
WHEREAS, the total amount of the fees and costs relating to the appellate representation
of Mr. Davis by Smith Hawks, P.L. was$68,627.11;and
WHEREAS, Smith Hawks, P.L. has agreed to a reduction in fees and costs bringing the
total amount to $66,951.11; and
WHEREAS, Monroe County does not admit to the entitlement to appellate attorney's fees
and costs claimed by Donald Davis but seeks to avoid the time and expense in litigating the
claimed entitlement; and
WHEREAS, the Releasors and Monroe County seek to resolve, settle and compromise
Donald Davis' claim for appellate fees and costs as to Monroe County in this Agreement;and
WHEREAS, it is the intention of the parties that Monroe County will separately pay 50%
of Smith Hawks' appellate fees in the amount of $33,475,56, and the Releasors will seek
payment of the remaining 50% from the State of Florida,and
WHEREAS, this Agreement relates only to appellate fees, and does not seek to resolve,
settle or compromise any claim for fees and costs incurred by Donald Davis at the trial level;
NOW THEREFORE, in consideration of the foregoing premises, which constitute material
provisions of this Agreement and not mere recitals, and of mutual agreements, covenants, and
promises as may be set forth herein, and for other good, adequate, and sufficient consideration
described herein, the receipt and sufficiency of which are he..-cby acknowledges, the parties
hereto agree and stipulate to settle as follows:
1. Monroe County will individually pay Smith Hawks, P.L., $33,475.56, which is
50% of the firm's total reduced fees and costs related to the firm's representation of
Donald Davis in the above-captioned matter.
2. Upon the payment of$33,745.56 by Monroe County as set forth above, Donald
Davis and Smith Hawks, P.L. (individually and collectively) release Monroe
County from any past, present or future claims or entitlements the Releasors may
have for attorney's fees or costs related to the firria's representation of Donald
Davis in the above-captioned matter.
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IN WITNESS WHEREOF, parties hereto have executed this Agreement on the date
first written below:
MONROE
COUNTY,FLORIDA
HEATHERT
BOB MONTROE COUNTY MAYOR
COUNT�TT;�NEY
e._. oo. ......---
o e Coy y o e 's tce
111 12'h Street, Suite 408
ell
Key West, FL 33041-1026
Dated: , 2020
SMITH HAWKS, PL
BARTON SMIT
Sinith vk1s
138 SimontonStreet
Key West, EL 33040
Dated: , 2020
DONALD DAVIS,
Address: ' c) P)z,,4L tv
Dated: a /pl_,2020
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