Agenda 06/26/2018 Item #16K106/26/2018
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Order on Attorney Fees and Costs in the amount of $750
to Goetz and Goetz appointed by the Court to represent the interests of Respondent Dahlia
Gustard, Parcel 351RDUE in the case styled Collier County v. Bonnie L. Falcon, et al., Case No. 16-
CA-1317, (Project No. 60145). (Fiscal Impact: $750)
OBJECTIVE: To settle attorney’s fees in the amount of $750 to Goetz and Goetz appointed by the
Court to represent the interests of Respondent Dahlia Gustard as to Parcel 351RDUE required for the
widening of Golden Gate Boulevard from 20th Street East to east of Everglades Boulevard, Project No.
60145, (“Project”).
CONSIDERATIONS: On July 26, 2016, the County Attorney’s Office (“CAO”) filed the referenced
eminent domain case to acquire the property needed to construct the Project, which included Parcel
351RDUE owned by Dahlia Gustard. Ms. Gustard’s last known address of record is out of state, so the
County effectuated constructive service of process by placing a Notice of Action advertisement in the
local newspaper and mailing a copy of the Petition package to Ms. Gustard, in accordance with state
statute. The mailing was returned as undeliverable, and subsequent attempts to locate and contact Ms.
Gustard by the CAO were unsuccessful. Since the County did not have personal service nor an accurate
address of record, the Court ordered the appointment of the law firm Goetz & Goetz as Guardian Ad
Litem to represent the interests of Respondent owner Dahlia Gustard as to Parcel 351RDUE.
The Guardian Ad Litem filed an Answer to the County’s Petition on behalf of Ms. Gustard, and filed a
report with the Court advising mail sent to her had been returned. Eventually, Ms. Gustard contacted the
CAO directly and final compensation for Parcel 351RDUE was agreed upon for the original deposit
amount. Despite not achieving a benefit for the client, the County is obligated to pay reasonable hourly
attorney’s fees for eminent domain proceedings that do not result in a monetary benefit, but are obligated
by the commencement of an eminent domain proceeding, pursuant to Section 73.092(2), Florida Statutes.
The Guardian Ad Litem spent 3 hours on this matter, at a rate of $250 per hour, for a total of $750, as
evidenced in the attached statement. The CAO recommends payment of the attorney’s fees as the fees are
minor and the cost to dispute the fees would exceed the cost of the claim.
FISCAL IMPACT: Funds in the amount of $750 will be paid from gas taxes and/or impact fees from
Golden Gate Blvd. Transportation Capital Improvement Project No. 60145. The primary funding source
for the acquisition of right-of-way is impact fees. Should impact fees not be sufficient within a particular
project, the secondary funding source will be gas taxes.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been prepared by the County Attorney’s Office, is
approved as to form and legality, and requires a majority vote for Board approval. - ERP
RECOMMENDATION: To approve a Stipulated Order on Attorney Fees and Costs in the amount of
$750 to Goetz and Goetz appointed by the Court to represent the interests of Respondent Dahlia Gustard,
Parcel 351RDUE in the case styled Collier County v. Bonnie L. Falcon, et al, Case No. 16-CA-1317,
relating to the widening of Golden Gate Boulevard from 20th Street East to east of Everglades Boulevard,
Project No. 60145.
Prepared by: Emily R. Pepin, Assistant County Attorney
06/26/2018
ATTACHMENT(S)
1. Order Appointing Guardian Ad Litem (PDF)
2. Statement of Goetz & Goetz for Guardian Ad Litem Services (PDF)
3. Proposed Stipulated Order on Attorney Fees and Costs (PDF)
06/26/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1
Doc ID: 5926
Item Summary: Recommendation to approve a Stipulated Order on Attorney Fees and Costs in
the amount of $750 to Goetz and Goetz appointed by the Court to represent the interests of Respondent
Dahlia Gustard, Parcel 351RDUE in the case styled Collier County v. Bonnie L. Falcon, et al., Case No.
16-CA-1317, (Project No. 60145). (Fiscal Impact: $750)
Meeting Date: 06/26/2018
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
06/11/2018 3:30 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
06/11/2018 3:30 PM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 06/11/2018 3:44 PM
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 06/11/2018 3:53 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 06/12/2018 7:34 AM
Transportation Engineering Robert Bosch Additional Reviewer Completed 06/12/2018 8:50 AM
Growth Management Department Gene Shue Additional Reviewer Completed 06/12/2018 9:11 AM
Growth Management Department Jeanne Marcella Department Head Review Completed 06/13/2018 9:12 AM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 06/13/2018 9:52 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/13/2018 11:36 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/14/2018 10:29 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 06/15/2018 2:44 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/15/2018 4:00 PM
Board of County Commissioners MaryJo Brock Meeting Pending 06/26/2018 9:00 AM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS, a political subdivision of
the State of Florida,
Petitioner,
V.
Case No.: 16 -CA -1317
PARCEL: 351RDUE
Bonnie L. Falcon; DAHLIA GUSTARD;
UNKNOWN TENANTS, if any; BANK OF
AMERICA, N.A.; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC., as nominee
for Bank of America, N.A.; XAVIER ENRIQUE
RODRIGUEZ; ALL SURFACE CLEANING;
The Bank of New York Mellon, f/k/a The Bank of
New York, as Trustee for the Certificate Holders CWALT,
Inc., Alternative Loan Trustee 2005-75CB Mortgage
Passthrough Certificates, Series 2005-75CB; PNC Bank N.A.,
as successor by merger to National City Bank, Asset
Acceptance, LLC; Seretta Leigh Cottage; Robert Cottage;
Caliber Home Loans, Inc; and Julian Castro, Secretary,
U.S. Department of Housing and Urban Development;
Respondents.
[Respondents & Parcels reflected in italics indicate removal
from action by Dismissal, Final Judgment, or Default]
ORDER ON APPOINTMENT OF GUARDIAN AD LITEM
THIS MATTER came before the Court upon Petitioner COLLIER COUNTY'S Motion
for Appointment of Guardian Ad Litem on behalf of Respondent DAHLIA GUSTARD, in
connection with Parcel 351RDUE; and the Court having considered the Motion and being
otherwise duly apprised in the premises, it is now
ORDERED AND ADJUDGED: AQ*& Goek.1
Petitioner's Motion is GRANTED.
; ,E 034'1
�3 a��va �'r'
is hereby appointed
as Guardian Ad Litem in this cause on behalf of Respondent DAHLIA GUSTARD, in connection
•-,'��' r
with Parcel 351RDUF g a- W (J�v
s'1-�i�
[16 -CA -1317/1366 49/1] Page 1 of 2a
iL
DONE AND ORDERED in Collier County, Florida, on this 3 day of ,
2017.
Conformed Copies to:
Below Service List
iauu-ju vsi4ci
THE HONORABLE LAUREN L. BRODIE
Circuit Court Judge
SERVICE LIST
COLLIER COUNTY v. BONNIE L. FALCON, ET AL.
Case No. 16 -CA -1317
PARCEL 351RDUE
Guardian Ad Litem
-51
33 �a►rk-�.c...1 C..:r, l F'C : 'M�,,.r � �'t.'�`� g 01
on behalf of
DAHLIA GUSTARD
105-45 133`d Street
South Richmond Hill, NY 11419
UNKNOWN TENANTS, if any
2861 Golden Gate Blvd. E.
Naples, FL 34120
16 -CA -1317/#351
[16 -CA -1317/1366549/11
BANK OF AMERICA, N.A.
c/o Walter Grace, Jr., Esq.
Goetz & Goetz
arg cew(a o etzlegal.com
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC., as
nominee for Bank of America, N.A.
c/o Walter Grace, Jr., Esq.
Goetz & Goetz
acew , og etzlegal.com
Page 2 of 2
Statement
Date
6/1/2018
To:
Collier County Board of County
Commissioners c/o Collier
County Attorney's Office
3299 E. Tamiami Trail, Ste 800
Naples, FL 34112
Goetz & Goetz
33 Barkley Circle
Unit 100
Fort Myers, FL 33907-7678
Amount Due
$750.00
Amount Enc.
CURRENT
0.00
1-30 DAYS DUE
0.00
31-60 DAYS PAST
DUE
0.00
61-90 DAYS PAST
DUE
0.00
OVER 90 DAYS
PAST DUE
750.00
Amount Due
$750.00
Make Funds payable to Goetz and Goetz.
Tax ID 59-2032641
Thank you for your business!
Phone #239-936-2841 Fax #239-936-4197
Hearing Date Transaction Description Fee Amount
10/31/2017 INV #47465. Due 10/31/2017. Orig. Amount $750.00.
--- 106, 3 @ $250.00 = 750.00
750.00
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY,FLORIDA
COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS,a political subdivision of
the State of Florida,
Petitioner,
v.
Case No.:
PARCEL:
16-CA-1317
351RDUE
Bonnie L.Falcon;Dahlia Gustard;UNKNOWN
TENANTS,n/k/a Traccy Bukowczyk;BANK OF
AMERICA,N.A.;MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,INC.,as nominee
for Bank of America,N.A.;Xavier Enrique Rodriguez;
All Surface Cleaning; TheBank ofNew York Mellon,
f/k/a TheBank ofNew York,as Trusteefor the Certificate
Holders CWALT,Inc.,Alternative Loan Trustee 2005-75CB
Mortgage Passthrough Certificates, Series 2005-75CB;
PNC Bank,N.A., as successor by mergerto National City
Bank;Asset Acceptance,LLC; Seretta Leigh Cottage;
Robert Cottage; Caliber Home Loans,Inc;andJulian
Castro, Secretary, U.S. Department ofHousing and Urban
Development;
Respondents.
/
PETITIONER COLLIER COUNTY AND RESPONDENT DAHLIA GUSTARD'S JOINT
MOTION FOR STIPULATED ORDER ON ATTORNEY FEES AND COSTS AS TO
PARCEL 351RDUE
COMES NOW,Petitioner,COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS, ("COLLIER COUNTY"), and Respondent DAHLIA GUSTARD, by and
through undersigned counsel, and jointly move this Honorable Court for entry of the proposed
Stipulated Order on Attorney Feesand Costs as to Parcel 351RDUE,attached hereto as Exhibit
"1".
EMILY R.PEPIN,ESQ.
Florida Bar No.92956
Collier County Attorney's Office
3299 East Tamiami Trail,Suite 800
Naples,FL 34112
Telephone:(239)252-8400
COUNSEL FOR PETITIONER
Emilv.Pepin@colliercountyfl.gov
Jennifer.Belpedio@coll iercountyfl.gov
Nancy.Bradlcy@collicrcountvfl.gov
JAMES I^gOETZsESQ.
Floric£rBar No.1&865
33 Barkley Circle
Fort Myers,FL 33907
Telephone:(239)936-2841
GUARDIAN AD LITEM for
Respondent DAHLIA GUSTARD
info@goetzlegal.com
goetzg(a),goetzlegal.com
[16-CA-1317/1413557/1]
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Stipulated
Order on Attorney Fees and Costs was electronically filed with the Florida Courts E-Filing Portal
which will send a notice of electronic filing to parties appearing via electronically, or by U.S.
Mail, postage prepaid, to parties as indicated on the Service List below on this _____ day of
June, 2018.
BY: _______________________________
EMILY R. PEPIN, ESQ.
SERVICE LIST
COLLIER COUNTY v. BONNIE L. FALCON, ET AL.
Case No. 16-CA-1317
Parcel 351RDUE [Stipulated Final Judgment, Docket #170]
Dahlia Gustard
[Stipulated Final Judgment, Docket #170]
c/o James L. Goetz, Esq.
Guardian Ad Litem on behalf of Respondent
DAHLIA GUSTARD
info@goetzlegal.com
UNKNOWN TENANTS,
n/k/a Tracey Bukowczyk
2861 Golden Gate Blvd. E.
Naples, FL 34120
BANK OF AMERICA, N.A.
c/o Walter Grace, Jr., Esq., and
Joshua Knight, Esq.
gracew@goetzlegal.com
jknight@alaw.net
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC., as
nominee for Bank of America, N.A.
c/o Walter Grace, Jr., Esq., and
Joshua Knight, Esq.
gracew@goetzlegal.com
jknight@alaw.net
16-CA-1317/#662
[16-CA-1317/1413557/1]
IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS, a political subdivision of
the State of Florida,
Petitioner,
Case No.: 16-CA-1317
v. PARCEL: 351RDUE
Bonnie L. Falcon; Dahlia Gustard; UNKNOWN
TENANTS, n/k/a Tracey Bukowczyk; BANK OF
AMERICA, N.A.; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC., as nominee
for Bank of America, N.A.; Xavier Enrique Rodriguez;
All Surface Cleaning; The Bank of New York Mellon,
f/k/a The Bank of New York, as Trustee for the Certificate
Holders CWALT, Inc., Alternative Loan Trustee 2005-75CB
Mortgage Passthrough Certificates, Series 2005-75CB;
PNC Bank, N.A., as successor by merger to National City
Bank; Asset Acceptance, LLC; Seretta Leigh Cottage;
Robert Cottage; Caliber Home Loans, Inc; and Julian
Castro, Secretary, U.S. Department of Housing and Urban
Development;
Respondents.
_________________________________________________/
STIPULATED ORDER ON ATTORNEY FEES AND COSTS AS TO PARCEL 351RDUE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, and Respondent DAHLIA GUSTARD, by and through counsel, for entry
of a Stipulated Order on Attorney Fees and Costs as to Parcel 351RDUE for Project No. 60145,
and it appearing to the Court that the parties are authorized to make such Motion, and the Court
being otherwise fully advised in the premises thereof, it is thereupon
Exhibit “1” to Joint Motion for Stipulated Order on Attorney Fees and Costs
[16-CA-1317/1413557/1]
ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, shall pay the
amount of Seven Hundred Fifty Dollars and No/100 Dollars ($750.00), to Goetz and Goetz,
c/o James L. Goetz, Esq., 33 Barkley Circle, Fort Myers, FL 33907, for all attorney fees and
costs incurred for serving as Guardian Ad Litem, and no other attorney fees or costs shall be
awarded in this case; it is further
ORDERED that this Stipulated Order disposes of all claims for attorney fees and costs as
to Parcel 351RDUE that have or could have been asserted in this cause; it is further
ORDERED that this Court reserves jurisdiction to enforce the terms of this Stipulated
Order; it is further
ORDERED that this Stipulated Order is to be recorded in the Official Records of Collier
County, Florida.
DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this
day of _________, 2018.
___________________________________________
THE HONORABLE LAUREN L. BRODIE
Circuit Court Judge
Conformed Copies to:
Emily R. Pepin, Esq., Counsel for PETITIONER, Emily.Pepin@colliercountyfl.gov
James L. Goetz, Esq., Guardian Ad Litem on behalf of RESPONDENT DAHLIA GUSTARD,
info@goetzlegal.com
Interested Party RESPONDENT UNKNOWN TENANTS, n/k/a Tracey Bukowczyk,
2861 Golden Gate Blvd. E., Naples, FL 34120
Walter Grace, Jr., Esq., Joshua Knight, Esq., Co-Counsel for Interested Party RESPONDENTS
BANK OF AMERICA, N.A., and MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC., as nominee for Bank of America, N.A., gracew@goetzlegal.com;
jknight@alaw.net
Clerk’s Office, Accounting
Exhibit “1” to Joint Motion for Stipulated Order on Attorney Fees and Costs