10/18/2023 Settlement Agreement IN THE CIRCUIT COURT OF THE
16TH JUDICIAL CIRCUIT IN AND
FOR MONROE COUNTY, FLORIDA
Case No. 21-CA-418-K
MARK BARTER,
Plaintiff,
v,
MONROE COUNTY,
Defendant.
SETTLEMENT AGREEMENT
The Parties,Plaintiff MARK BARTER("Plaintiff'), and Defendant MONROE COUNTY
("County" or"Defendant"), (collectively the "Parties"), by and through their respective counsels,
have reached a settlement agreement ("Settlement Agreement") subject to approval by the
County's Board of County Commissioners ("Board"). The terms of the agreement have been
carefully read and are binding and enforceable, and are set forth as follows:
1. The intent of this Settlement Agreement is to resolve,fully and finally,the litigation
between the Parties currently pending in the Circuit Court for the Sixteenth Judicial Circuit, in and
for Monroe County, Mark Barter v. Monroe County, Case No. 21-CA-418-K ("Litigation"). No
aspect or element of the Litigation is excluded from this Settlement Agreement.
2. This Settlement Agreement is contingent upon Board approval. This Settlement
Agreement shall be presented to the Board during the Board's October 18, 2023, meeting. This
Settlement Agreement shall not be filed with the Court.
3. Within fourteen (14) calendar days following execution of this Settlement
Agreement by both Parties and Plaintiffs delivery of a signed general release of all claims to the
County, the County will pay seventy-five thousand dollars ($75,000.00) ("Settlement Funds") to
The Garcia Law Firm client trust account. The general release shall include indemnification of all
claims against the County.
4. From these Settlement Funds, Plaintiff agrees to satisfy all related outstanding
claims and liens.
5. Plaintiff agrees to dismiss all claims asserted, or that could have been asserted, in
connection with Plaintiff's accident that occurred at or near 37016 N.Roosevelt Boulevard in Key
l
West, Florida, on August 26, 2019.
6. A Stipulation for Dismissal and Final Order of Dismissal of the Litigation are
attached hereto as Exhibit A. Upon full execution of this Settlement Agreement and payment of
the Settlement Funds,the County shall be entitled to submit Exhibit A to the Court and request the
entry of the Final Order of Dismissal,Reserving Jurisdiction to Enforce the Settlement Agreement.
7. This Settlement Agreement is entered into in order to resolve the litigation and
avoid the expenditure of time and resources, and should not be considered to be an admission of
liability by either party in this litigation.
8. Each party shall bear its own attorney's fees and costs in connection with this
action.
9. Electronic signatures shall have the same force and effect as original signatures.
WHEREFORE, the Parties have entered into the Settlement Agreement as set forth below.
Plaintiff Defendant
MARK BARTER b MONROE COUNTY,FLORID.A,igitaIly signed by Robert B.Shillinger
DN:cn=Robert B.Shill inger,o=Monroe County
Robert B. Shillinger BOCC,ou=Monroe County Attorney,
,,,,,,, email shillinger-bob@monroecounty-fl.gov,c=US
By: ... ::.:: .............._ By: Date:2023.10.1915:51:31-04'00'
Matk Barter Robert Shillinger, County Attorney
Date. .. .' . ..:.. Date:
%� October 19, 2023
.......... ..._....._
Approved as to form ar legal sufficiency: Approved as to form and legal sufficiency:
By: By:
Counsel4fori. ti I Cvlarlc Barter Counsel for Defendant Monroe County
9 10-6-2023
Date: _ � ...__. Date:
2
EXHIBIT A
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
MARK BARTER, CIVIL DIVISION
Plaintiff(s), CASE NO.: 2021-CA-418-k
vs.
MONROE COUNTY, FLORIDA,
Defendant(s),
STIPULATION FOR DISMISSAL WITH PREJUDICE,
RESERVING JURISDICTION TO ENFORCE
Plaintiff MARK BARTER and Defendant MONROE COUNTY, FLORIDA advise the
Court that they have entered into a binding Settlement Agreement and that, in accordance with the
terms of the Settlement Agreement, the parties to this matter hereby stipulate to the dismissal of
this matter with prejudice, with each party bearing its own attorney's fees and costs (including all
copying and imaging costs), and reserving the jurisdiction of the Court to enforce the Settlement
Agreement as set forth in the attached Final Order.
Respectively Submitted,
is/Andre D. Gallardo /s/Cynthia L. Hall /s/W. Hampton Johnson
MANUEL E. GARCIA, ESQ CYNTHIA L. HALL, ESQ. E. BRUCE JOHNSON
Florida Bar No. 915645 Florida Bar No. 34218 Florida Bar No. 262137
ANDRE D. GALLARDO, ESQ. MONROE COUNTY W. HAMPTON JOHNSON
Florida Bar No. 1035440 ATTORNEY'S OFFICE Florida Bar No. 98607
GARCIA LAW FIRM, I I 1112th Street, Suite 408 JOHNSON,ANSELMO,
TRIAL ATTORNEYS Key West, FL 33040 MURDOCH,
515 Whitehead Street ll)a.'s BURKE, PIPER&
Key West, Florida 33040 ...( n.i nra . pu„.n HOCHMAN, P.A.
r)llvaditi s q .�al�ra:;�akiwl� vv.xon n u, , 2455 E. Sunrise Blvd., Suite
La r u u ti J.gmu��nmui,uw� w, .onn lei::::. 1000
..... ......
-li k� dxar j Vklm:wl�wa;�om Fort Lauderdale, FL 33304
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IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
CIVIL DIVISION
Case No. 2021-CA-418-K
MARK EDWARD BARTER,
Plaintiff,
V.
MONROE COUNTY, FLORIDA,
a government entity,
Defendant.
FINAL ORDER OF DISMISSAL WITH PREJUDICE,
RESERVING JURISDICTION TO ENFORCE
THIS CAUSE having come before the Court upon the October _, 2023 Stipulation for
Dismissal with Prejudice, Reserving Jurisdiction to Enforce ("Settlement Stipulation") filed by
Plaintiff MARK BARTER and Defendant MONROE COUNTY,FLORIDA, and the Court being
otherwise advised, it is
ORDERED AND ADJUDGED that this matter is hereby dismissed with prejudiced based
upon the terms of the Settlement Agreement referenced in the Settlement Stipulation, with each
party bearing its own attorney's fees and costs, and with the Court reserving jurisdiction to enforce
the Settlement Agreement. All pending motions are denied as moot.
DONE AND ORDERED in Chambers in Key West,Monroe County,Florida,this DDDD.
JJJJ
CERTIFICATE OF SERVICE
A true and correct copy of the foregoing has been sent to the following individuals on
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