File #: 2024-15743   
Type: County Attorney Status: Agenda Ready
File created: 6/28/2024 Meeting Body Board of County Commissioners
On agenda: 7/2/2024 Final action:
Title: Request Authorization to Engage Services of Outside Counsel for Appellate Work

 

SUBJECT:

Title

Request Authorization to Engage Services of Outside Counsel for Appellate Work

Body

 

INITIATOR:

DEPARTMENT:

Matthew G. Minter, County Attorney

County Attorney

 

DESCRIPTION/BACKGROUND:

On May 20, 2024, the Circuit Court approved the County’s Motion for Final Summary Judgment in the case of AZ Ocala Ranch, LLC, and Marion Mitigation LLC v. Marion County. The developer/property owner has filed a Notice of Appeal and has engaged two separate firms to represent them in such appeal of the circuit court decision.

 

It is my recommendation that Marion County engage outside appellate counsel for the defense of this appeal. I have considered a number of possible firms, and it is my recommendation that Marion County engage the services of the NELSON MULLINS firm of Orlando for this matter. This firm recently successfully represented Seminole County against the same firm that represented AZ Ocala in its lawsuit against Marion County.  There are a number of similar legal and factual issues between our case and the Seminole County case.  

 

The firm’s fees will be billed on an hourly basis, based on the following rates: Beverly Pohl - $640; Todd Norman - $450; Partners:  $450; Senior Associates $375; Of Counsel - $300; and Junior Associates:  $250.  Assuming a successful outcome, it may be possible for the County to recover fees incurred in the case.

 

BUDGET/IMPACT:

To Be Determined

 

RECOMMENDED ACTION:

Recommended action

Motion to Authorize County Attorney to engage NELSON MULLINS for appellate work related to AZ Ocala Ranch, LLC and Marion Mitigation, LLC v. Marion County.

end