2004-CA-1227-K
IN THE CIRCUIT COURT OF THE 16TH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
CIVIL DIVISION - JUDGE JONES
Marilyn J. Nunziante,
Plaintiff,
VS.
CASE NO.: 2004-CA-1227-K
Monroe County BOCC
and
Sheila Barker, as Acting Director of
Monroe County Social Services,
Defendants.
/
SETTLEMENT AGREEMENT
The Plaintiff, Marilyn J. Nunziante (hereinafter "Mrs. Nunziante"), by and
through her next friend and daughter Karen Lockwood, and the Defendant
Monroe County Board of County Commissioners and Sheila Barker as Acting
Director of Monroe County Social Services (hereinafter "the County"), agree to
settle the above-referenced matter as more fully set forth below:
1. The parties acknowledge that Sheila Barker (hereinafter "Mrs.
Barker"), in her official capacity as Acting Director Social Services for Monroe
County, has been, by operation of law, automatically substituted for Louis
LaTorre as a co-Defendant upon the resignation of Mr. LaTorre from his position
as Social Services Director effective May 1,2006. See, Fla.R.Civ.P. 1.260(d)(1).
2. In executing this agreement, the County and Mrs. Barker release
any claim of entitlement to the funds being held in escrow by Mrs. Nunziante's
counsel Joseph Albury pursuant to the stipulation entered into by the parties and
approved by the Court on or about November 30, 2004,
3. In consideration of the release by the County and Mrs. Barker of
any claim of entitlement to the funds being held in escrow by Mrs. Nunziante's
attorney Joseph Albury pursuant to the stipulation entered into by the parties and
approved by the Court on or about November 30, 2004, the Plaintiff will enter a
voluntary dismissal with prejudice of the above-styled matter within 15 days from
the date the last party executes this agreement. The parties agree that time is of
the essence.
4. In consideration of the promises made herein and for other good
and valuable consideration, the parties, their heirs, successors, and/or assigns
each agree to release each other, including but not limited to current and former
employees of the County, from any claim or cause of action of any type that was
raised or capable of being raised as a result of the facts underlying this action.
5. By entering into this Agreement, the parties are not acknowledging
the merits or lack of merits of these proceedings. Rather, the parties are entering
into this Agreement for the purpose of avoiding further expense and delay
inherent in litigation of this nature.
6. Except as specifically set forth herein, the parties agree to bear
their own costs and attorney's fees.
7. This written Settlement Agreement represents the entire agreement
of the parties.
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8. Each party warrants that it has the capacity to enter into this
agreement.
9. Each party warrants that it has had an opportunity to consult with
counsel prior to entering into this settlement agreement.
For the Plaintiff
Marilyn J. Nunziante
JI
Kare
as next f(
(date)
For the Defendant
Monroe Coun B.O.C.C.,
(date) "2-'.0 ~
Charles "Son y" McCoy
Mayor
For the Defendant Sheila
Barker, as Acting Social
Services Director
;Ja.mk rA ~H1n/
Notary Public
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Sheila Barker (date)