ORDER OF DISMISSALS
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CITY OF BOYNTON BEACH
MEMORANDUM
TO
Janet Prainito, City Clerk
Mike Rumpf, Planning & Zoning
FROM:
Mary Ramsey, Legal Secretary
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RE:
Krispy Kreme Lawsuits
DATE:
July 30,2002
Attached for your files are the Stipulations and Order of Dismissals on the following Krispy
Kreme cases:
Save Our Streets vs. City of Boynton Beach - Case No AP 02-2921 A Y
Mark E. Roberts vs. City of Boynton Beach Case No. AP 02-2279 A Y
Mark E. Roberts vs. City of Boynton Beach Case NO. AP 02-00642 A Y
Mark E. Roberts vs. City of Boynton Beach Case No. 02-0861 GM
(Division of Administrative Hearing Case)
ca/mr/memo/KrispyKn:mc Closing Memo
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
MARK E. ROBERTS,
Petitioner,
vs.
Case No. 02-0861GM
CITY OF BOYNTON BEACH,
Respondent.
ORDER CLOSING FILE
This cause having come before the undersigned on the
Stipulation for Voluntary Dismissal with Prejudice filed
June 10, 2002, and the undersigned being fully advised, it is,
therefore,
ORDERED that:
1. The final hearing in this cause scheduled for July 23
through 25, 2002, is hereby cancelled.
2. The file of the Division of Administrative Hearings in
the above-captioned matter is hereby closed.
DONE AND ORDERED this 11th day of June, 2002, in
Tallahassee, Leon County, Florida.
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DONALD R. ALEXANDER
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(850) 488-9675 SUNCOM 278-9675
Fax Filing (850) 921-6847
www.doah.state.fl.us
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
APPELLATE DIVISION (CIVIL)
CASE NO. AP 02-2921 A Y
SAVE OUR STREET, INC.,
a Florida not-for-profit corporation
Appellant,
v.
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CITY OF BOYNTON BEACH.
a Florida municipal corporation
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Appellee.
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BY ORDER OF THE COURT:
THIS CAUSE is before the Court upon Appellant's Notice of V oluntary Dismissal of
Appeal. The Court being advised in the matter, it is hereby,
ORDERED AND ADJUDGED that the case is DISMISSED with prejudice as of the date
staled herein. The Clerk shall close the file in this case.
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.
DONE:
JUt 0 8 2002
cc:
James Cherof, Esq.
Reginald G. Stambaugh, Esq.
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IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
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APPELLATE DIVISION (CIVIL)
CASE NO. AP 02-2279 AY
MARK E. ROBERTS,
Petitioner,
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v.
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CITY OF BOYNTON BEACH
FLORiDA,
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Respondent.
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BY ORDER OF THE COURT:
THIS CAUSE is before the Court upon parties joint Stipulation for Voluntary
Dismissal with Prejudice. The Court being advised in the matter, it is hereby,
ORDERED AND ADJUDGED that the case is DISMISSED with prejudice as of the
date stated herein. The Clerk shall close the file in this case.
DONE:
OUN 2 i 2002
cc:
James A. Cherof, Esq.
Mark E. Roberts, pro se
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IN THE CIRCUIT COURT OF THE 15TH JUDICIAL
CIRCUIT COURT, IN AND FOR PALM BEACH COUNTY, FLORIDA
4
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APPELLATE DIVISION (CIVIL)
CASE NO. AP 02 2279 A Y
MARK E. ROBERTS,
Petitioner,
vs.
CITY OF BOYNTON BEACH,
FLORIDA,
Defendant.
/
STIPULATION FOR VOLUNTARY DISMISSAL WITH PREJUDICE
Petitioner, MARK E. ROBERTS, has reached an amicable resolution of his dispute with
the Developer of the property which is the subject of this action and seeks to voluntarily dismiss
this action with prejudice.
Defendant agrees to waive any claim for additional attorney fees or court costs.
Defendant and Petitioner consent to the entry of an Agreed Order voluntarily dismissing
this action with prejudice.
PETITIONERS:
DEFENDANT:
MARK E. ROBERTS
M:J!ilt~
650 West Boynton Beach Blvd.
Ste. #2
Boynton Beach, FL 33426
James A. Ch 0, Esquire
Goren, Cher ,Doody & Ezrol, P.A.
Attorney for Respondent
3099 East Commercial Boulevard
Ft. Lauderdale, FL 33308
S:\CA\CASES\RHS Corp. Dr. Roberts\Dismissal Stip case no. 02 2279.doc
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL
CIRCUIT COURT, IN AND FOR PALM BEACH COUNTY, FLORIDA
4
4
APPELLATE DIVISION (CIVIL)
CASE NO. AP 02 00642 A Y
MARK E. ROBERTS,
Petitioner,
vs.
CITY OF BOYNTON BEACH,
FLORIDA,
Defendant.
/
STIPULATION FOR VOLUNTARY DISMISSAL WITH PREJUDICE
Petitioner, MARK E. ROBERTS, has reached an amicable resolution of his dispute with
the Developer of the property which is the subject of this action and seeks to voluntarily dismiss
this action with prejudice.
Defendant agrees to waive any claim for additional attorney fees or court costs,
Defendant and Petitioner consent to the entry of an Agreed Order voluntarily dismissing
this action with prejudice.
PETITIONERS:
DEFENDANT:
MARK E. ROBERTS
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650 West Boynton Beach Blvd.
Ste. #2
Boynton Beach, FL 33426
J s A. Chero~ire
Goren, Cherof, Doody & Ezrol, P.A.
Attorney for Respondent
3099 East Commercial Boulevard
Ft. Lauderdale, FL 33308
S:\CA\CASES\RHS Corp - Dr. Roberts\Dismissal Stip Case 02 00642.doc
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
APPELLATE DIVISION (CIVIL)
CASE NO. AP 02-642 AY
4
4
MARK E. ROBERTS,
Petitioner,
v.
CITY OF BOYNTON BEACH
FLORIDA,
Respondent.
-
-
I
BY ORDER OF THE COURT:
THIS CAUSE is before the Court upon parties joint Stipulation for Voluntary
Dismissal with Prejudice. The Court being advised in the matter, it is hereby,
ORDERED AND ADJUDGED that the case is DISMISSED with prejudice as of the
date stated herein. The Clerk shall close the file in this case.
DONE:
JUH 2 V 2IJUl
cc:
James A. Cherof, Esq.
Mark E. Roberts, pro se
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FROM ROBERTS
FAX NO.
5517381951
'no 10 2002 09:57AM Pi
MARK E. ROBERTS, D.D.S.
650 West Boynton Beach Blvd . Suite #2' Boynton Beach, Fl 33426.(561) 736.1700
::
SENT BY ?ACSIM:LS TO :561)7~2-6054
June ~O, 2002
James Cherof, Ssqu~re
City Attorney for the City 0: Boynton Beach
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, ,L 33425-0310
RE: Case No. AP 02 00642 AY
Case No. AP 02 2279 AY
DOAH Case No. 02-0861 GM
Dear Mr. Cherof:
I am hereby authorizing the City to file the prearranged
dismissal documents for "Agreed Order For :Jismissal with PreJudice"
and "Stipulations for Vo:"n'::ary Jismissal" to the approprlate
courts. As we discussed in ~ur 8:45 telephone conversation this
morning, upon receiving this 1etLer the City wlll fU.e these
documents today. Please have the circuit court stamp the executed
documents confirming that Lhe documents were filed, and then fax
and mail me final copies of '::he executed documents.
Mark S. Roberts
cc: Scott Leitten, Esquire
The City of Boyntun Beach
OFFICE OF THE CITY A 1TORNEY
100 E. Boynton Beach Boulevard
P.O, Box 310
Boynton Beach. Florida 33425-0310
PHONE: (561J 742'6050
FAX (561) 742-60/54
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VIA FACSIMILE ONLY (561) 738-1961
June 10,2002
Mark E. Roberts, Esq.
650 West Boynton Beach Blvd.
Suite #2
Boynton Beach, Florida 33426
Dear Dr. Roberts:
This will confirm our telephone conversation of8:45 this morning. I am in receipt of your letter of
June 7, 2002. I am in agreement with the terms and conditions you have set forth therein with the
exception of paragraphs 1 and 2. My only objection to paragraphs I and 2 is that it is open-ended
and without any deadline for you to authorize me to file the documents with the Court. You
acknowledged my concern and have advised me that once you receive this letter from me, agreeing
with the other terms of your letter, that you will immediately write me back that I am authorized to
file the documents with the Court.
I await your facsimile response.
Very truly yours,
!t ') IiJ ,'ct .[(1.( 1i w
James A. Cherof
City Attorney
JAC/ral
S:ICAICASESIRHS Corp - Dr. RobertsIRoberts letter 061102.doc
America's Gateway to the Gulfstream
MARK E. ROBERTS, D.D.S.
650 West Boynton Beach Blvd. . Suite #2' Boynton Beach, FL 33426 '(561) 736-1700
June 7, 2002
James Cherof, Esquire
City Attorney for the City of Boynton Beach
3099 E. Commercial Blvd.
Suite #200
Ft. Lauderdale, FL 33308
RE: Case No. AP 02 00642 AY
Case No. AP 02 2279 AY
DOAH Case No. 02-086l GM
Dear Mr. Cherof:
Attached are the proposed nAgreed Order For Dismissal with
Prejudice" and my signed nStipulations for Voluntary Dismissal" for
the above referenced cases contingent upon the following terms and
instructions:
(1) The City shall not file the documents for voluntary dismissal
until I notify you in writing that it is okay to file the
documents.
(2) I have the right to withdraw my consent for dismissal of the
actions at any time prior to my written notification that the
documents may be filed with the appropriate courts and
agencies.
(3) Upon notifying you of my consent to file the documents, the
City shall file the nStipulations for Voluntary Dismissal" and
proposed nAgreed Order For Dismissal with Prejudice" documents
with the appropriate courts within two days.
(4) The City shall not cash the $1000.00 check from Krispy Kreme
until after filing the aforementioned documents with the
appropriate courts.
(5) The City accepts the $lOOO.OO check with the agreement that
nothing in the public record reflects the payment or any
compensation is from me. The public record may reflect the
payment is from Krispy Kreme.
(6) By 2:30 p.m. on Monday, June 10, 2002, you shall fax me copies
of the executed documents with your signatures ready for
filing.
(7) Once signed oy you (the City), the City shall not have the
option to withdraw consent for dismissal with prejudice and
its waiver for attorney fees and costs.
~lease fax me written confirmation that the City agrees to
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these terms and instructions by 2:30 p.m. on Monday, June 10, 2002,
and also fax me signed copies of the "Stipulations for Voluntary
Dismissal" and proposed "Agreed Order For Dismissal with Prejudice"
that are ready for filing. If I do not receive written
confirmation and the faxed signed copies by 2:30 p.m. on Monday, I
will cancel my Settlement Agreement with Krispy Kreme. Time is of
the essence. My facsimile number is (561) 738-1961. Attached is
a $lOOO.OO check from Krispy Kreme to pay the City as requested.
Please feel free to contact me should you have any questions.
Sincerely,
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Mark E. Roberts
attachments:
Check No. 6182
6 pages of documents
cc: James Miller, Esquire
Hand Delivered: City Attorneys' Office, Boynton Beach City Hall