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ORDER OF DISMISSALS r_',,-. u' CITY OF BOYNTON BEACH MEMORANDUM TO Janet Prainito, City Clerk Mike Rumpf, Planning & Zoning FROM: Mary Ramsey, Legal Secretary (~ &At~ 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. ~cuA (C a;~ 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. "_1 , CITY OF BOYNTON BEACH. a Florida municipal corporation ~-;;;:. Appellee. / 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. .2:. , ~... -\.. _.. . DONE: JUt 0 8 2002 cc: James Cherof, Esq. Reginald G. Stambaugh, Esq. ,:, !' i . ) , i J~. " J f f.../.i' , I , ,". _._,,_ 'I IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA 4 APPELLATE DIVISION (CIVIL) CASE NO. AP 02-2279 AY MARK E. ROBERTS, Petitioner, "'2 ' ," ., .. :-.... v. .- .,' ~ c.... 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: OUN 2 i 2002 cc: James A. Cherof, Esq. Mark E. Roberts, pro se ;'1 !Ju~ 4.J.~~ " .1:'_ " ., 1<c-=j . 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 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 ::J!1!lf! 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 ~\ ,~- 1<cJj k ~JJ ,~ 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 ."~ o~ -,r;.~ :i!:::.-' ....; \ll_.'- J: o '." (J ~ '--_ ___ <J- '\- v' -"ON,,0; 4 4 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 4 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, ~/jjlt16 Mark E. Roberts attachments: Check No. 6182 6 pages of documents cc: James Miller, Esquire Hand Delivered: City Attorneys' Office, Boynton Beach City Hall