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HomeMy WebLinkAbout1986 02 21 City Commission Special Minutes . SPECIAL MEETING CITY COMMISSION CITY OF WINTER SPRINGS FRIDAY, FEBRUARY 21, 1986 85-86-10 The Special Meeting of the City Commission of the City of Winter Springs, Florida was called to order by Mayor John V. Torcaso. Roll Call: Mayor John V. Torcaso, present Deputy Mayor William A. Jacobs, present City Manager Richard Rozansky, present City Attorney Frank Kruppenbacher, present Attorney Marsha Lippincott, present Commissioners: Cindy Kaehler, present Arthur Hoffmann, present Philip A. Kulbes, present Martin Trencher, present Imara-Appeal: Attorney Lippincott reported that an Appeal does not give the loser in a lawsuit the opportunity to begin afresh and have the matter reviewed by different judges as if the trial judge had never ruled against you. The appellate court is not permitted to reweigh the testimony. What the appellate court does do is to consider an appellate's legal challenge to the trial court's decision. keeping in mind that the presumption is that the trial court ruled correctly. Attorney Lippincott explained she had made a preliminary review, and based upon her preliminary review her initial impression was that the City's chances of prevailing on Appeal were not good. . Attorney Lippincott said she would review this matter, file the notice of appeal on Monday, (Feb. 24, 1986), and come back to the Commission and give her full opinion and advice and at that time the City could make their decision whether or not to Appeal. Motion was made by Commissioner Jacobs that the City proceed with the Appellant Attorney and have her report back in one week with her response as to the City's chances for success or not. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye;Commissioner Kaehler, aye; Commissioner Hoffmann, aye; motion carried. Meeting was adjourned 6:30 p. m. Respectfully submitted, ~r~ Mary T. Norton, City Clerk Approved: y)~ ,MAYOR TORCASO