Resolution 448-1993
FILED F OR RECORe
Harry F. Knight, Tax Collector
.93 NOV -2 P3 :06
UANh '; ",u,RESbLUTION NO. 448 -1993
CLK.CiHL:.
A RE~~cfw~ Y. ~ BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA REQUESTING THE CHIEF JUDGE TO
MODIFY HIS ADMINISTRATIVE ORDER CONCERNING "VENUE"
WITHIN THE COUNTY BY REQUIRING ALL ACTIONS FILED BY OR
AGAINST MONROE COUNTY AND OTHER COUNTY GOVERNMENTAL
ENTITIES BE FILED AND TRIED IN THE COUNTY SEAT.
WHEREAS, the Chief Circuit Judge of Monroe County has
heretofore promulgated Administrative Order No. 87-13 by the
terms of which litigati.on concerning the County is treated
differently from litigation in general, and
WHEREAS, under the terms of .the Order the County must
litigate where the course of action accrued or where the
property in question is located, but not where the county is
deemed to reside, and
WHEREAS, under the general law of the State of Florida a
governmental entity can be sued only where it is deemed to
reside, and
WHEREAS, Monroe County government resides or is deemed to
reside in the County seat, and
WHEREAS, requiring Monroe County to litigate in large part
in Marathon and in the Plantation Key Substation has greatly
increased the cost of litigating and defending litigation by the
County and other governmental units, and
WHEREAS, these costs should be avoided if possible. now,
therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, does hereby request the Chief Judge to
modify his Administrative Order concerning "venue" within the
County by requiring all actions filed by or against Monroe County
and other County governmental entities be filed and tried in the
County seat.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regularly scheduled meeting of said
Board he ld on the -2a..th_ day of .__-O.~tQ her
, 1993.
Mayor Jack London
yp.Po
Mayor Pro Tern Earl Cheal
yes
Commissioner Wilhelmina Harvey
no
-
Commissioner Shirley Freeman
,~yes
Con~issioner Mary Key Reich
yes
.'it
COUNTY COMMISSIONERS
COUNTY, FLORIDA
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Mayor/Chairman
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(SEAL(
ATT~S'1':
DANNY L. KOLHAGE, CLERK
By Oo~ c. I:L'~
- Deputy Clerk/
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