HomeMy WebLinkAbout1986 02 21 City Commission Special Minutes
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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.
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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:
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,MAYOR
TORCASO