The Third District Cloister of Address Thursday affirmed a whopping $5 actor in advocate fees and $3 actor in costs adjoin the Miami-Dade County Expressway Authority.
The accommodation followed a bank trial that resulted in a able-bodied $43 actor adjudication adjoin the government bureau for breaching its arrangement with an cyberbanking tolling company.
Miami-Dade Circuit Judge William Thomas begin the expressway ascendancy absent activity deadlines and wrongfully concluded a arrangement with the plaintiff, Cyberbanking Transaction Consultants Corp., which sued in 2012.
The appellate console antipodal on one issue, acclimation the balloon cloister to amend its accolade of added than $10 actor in assumption interest, award the final acumen didn’t appropriately clarify the date it took effect.
The cardinal follows added than seven years of litigation, 200 calendar entries, a countercomplaint and two trials. The case restarted in 2017, afterwards the actor auspiciously confused to disqualify Miami-Dade Circuit Judge John W. Thornton.
Mike Piscitelli and Bradley Copenhaver of Vezina, Lawrence & Piscitelli’s Fort Lauderdale and Tallahassee offices served as advance balloon attorneys for the plaintiff. For the appeal, they enlisted above Chief Third DCA Judge Gerald B. Cope Jr. and Lorayne Perez of Akerman in Miami.
Costs were aerial because of the aggregate of experts involved, according to Piscitelli, who had to prove not alone that the actor bootless to chase an agreed agenda beneath its contract, but additionally that his client’s achievement was accurately adequate, admitting that interference.
Under the contract, active in 2009, the plaintiff was amenable for developing and implementing software that met the city’s business requirements to advice it allegation tolls and annual for all the money in at atomic a three-year period.
“This was back MDX was aboriginal starting to do Toll-by-Plate,” Piscitelli said. “So, demography assessment booths off of its highways and authoritative it either SunPass or toll-by-plate.”
But back the burghal chock-full befitting up with the agenda about three months in, Piscitelli said his applicant couldn’t pay its employees.
“They went for almost two years accustomed that burden, and this is not a huge company, so it had a amazing impact,” Piscitelli said. “But the aggregation did perform, and the cloister begin that it performed essentially in accordance with the contract.”
The Miami-Dade County Expressway Ascendancy denied any wrongdoing, and declared the absolute botheration was the tolling company’s poor performance. It claimed it bootless to accede with altercation resolution procedures beneath the contract.
“We abatement to accept MDX’s interpretation, which urges us to apprehend assertive accoutrement of sections 14 and 15 out of context, and acceptation a bounden altercation resolution claim that the parties did not especially accommodate for in the contract,” the assessment said.
Counsel to Miami-Dade County Expressway Authority, Rodolfo Sorondo Jr., Christopher Bellows, Monica Castro and Tiffany Roddenberry of Holland & Knight’s Miami and Tallahassee offices did not acknowledge to requests for animadversion by deadline.
Third DCA Judge Monica Gordo wrote the opinion, with Judges Ivan F. Fernandez and Bronwyn Miller concurring.
The plaintiff is additionally advantaged to appellate advocate fees, but the balloon cloister has yet to aphorism on the amount.
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