Approve Tentative Settlement of Attorneys’ Fees and Costs

In the School Board of Hillsborough County (“Petitioner”) v. Eduardo Fernandez and Florence J. Fernandez, individually and as Co-Trustees of the Eduardo Fernandez and Florence J. Fernandez Revocable Living Trust dated September 22, 1992, (d/B/A Green Top Worm Farm) and as Co-Trustees of the Fernandez Living Trust dated September 22, 1992, (“Respondents”) according to the terms of the attached settlement agreement and authorize the Chair to execute the agreement.

The School Board attorney recommends approval of the tentative settlement of the Respondents’ motion for attorneys’ fees and costs in the above-styled case. In the underlying suite, the School Board filed a petition in eminent domain against the Respondents. The Respondents defeated the petition on summary judgment, and then filed a motion for the recovery of its attorneys’ fees and costs. The parties tentatively settled the School Board’s responsibility for attorney’s fees and costs at mediation on September 30, 2010. The tentative agreement obligates the School Board to pay $132,320.00 to the Respondents, and amount which is substantially less than the amount of Respondents demand for fees and costs and is what we believe the Court may award after a hearing. The School Board attorney believes the settlement would be in the best interests of the District.