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| Rick Figlio's assessment of Doug Underhill's latest request for taxpayer money to fund his legal costs looks a lot like this picture, above.... |
Like a devastating wrecking ball job--- with the "building" being Doug Underhill's amended complaint and petition for Writ of Mandamus in the circuit court (another attempt to get his legal fees paid by the taxpayers)---Tallahassee powerhouse attorney Rick Figlio demolishes every argument Underhill makes. Piece by piece, item by item, line by line, down to the granular and then the atomic detail. I mean, it is an absolute evisceration.
Local businessman David Bear requested this written opinion from his attorney Figlio, and recently received it.
I am copying the opinion here for interested persons to download and read what a well-written, concise, and solid opinion this is. It's going to spell trouble for Doug and his quest for taxpayer funding for his legal costs and fees---if the county's response looks anything like this well written rebuttal (which the county's opinion now should 😜). Big trouble for the quest for cash from Underhill.
Highlights from the document:
“I believe that each of the
counts of the Amended Complaint
has little legal merit. I
would characterize Count II, seeking recovery of fees under section 111.07,
Florida Statutes, and Count
III, seeking mandamus, as specious because each of these counts relies
on either a fundamental
misconstruction of Florida statutes, settled precedent, or both..
the Board’s decision to pay
legal fees is an
inherently discretionary act,
which would preclude issuance of a writ of mandamus as a matter of
axiomatic Florida law. It is
also clear from the attachments to the Amended Complaint that no
amount of argument or evidence
can overcome the Amended Complaint’s plain deficiencies..
Count I likewise fails to
state a claim for which relief
can be granted. In order to be
entitled to reimbursement under the common law, Underhill must
plead and prove that the
litigation for which he seeks reimbursement (1) arose out of or in
connection with the
performance of his official duties and (2) served a public purpose. Thornber
v. City of Ft. Walton Beach,
568 So. 2d 914, 917 (Fla. 1990). The claim’s failure relates to the
second prong, as the Amended
Complaint acknowledges that the Defamation Suit alleged that
Underhill committed the
intentional tort of defamation against one of his constituents and further
acknowledges that Underhill
was not vindicated in the action, but rather was able to escape liability
irrespective of guilt by
virtue of the trial court’s finding that he was immune from suit. Put simply,
commission of the intentional
tort of defamation against a constituent cannot be said to “serve a
public purpose,” and the
Amended Complaint does not allege Underhill was innocent—only that
he was immune..
Underhill’s request for
mandamus must fail. Mandamus is a civil
remedy to compel a public
official to discharge a ministerial duty. Browning v. Young, 993 So. 2d
64, 65 (Fla. 1st DCA 2008). To
prevail, the party petitioning for mandamus must plead ultimate
facts showing (1) the public
official has a clear legal duty to perform a ministerial act; (2) the
petitioner has a clear legal
right to have the duty performed; and (3) the petitioner does not have
another legal remedy available.
See RHS Corp. v. City of Boynton Bch., 736 So. 2d 1211, 1213
(Fla. 4th DCA 1999) (affirming
dismissal of petition for mandamus to compel city to inspect
certain property and enforce
land development regulations against a private property owner).
Here, Commissioner Underhill
does not, and cannot, allege facts to support a clear legal
entitlement to the payment of
his attorneys’ fees, and, therefore, cannot state a cause of action for
mandamus. A party seeking
mandamus must demonstrate a clear legal right to performance of the
act requested. Butler v. City
of Melbourne Police Dep’t, 812 So. 2d 547, 548 (Fla. 3d DCA 2002).
A “clear legal right” must be
one not subject to differing reasonable interpretations. See Sancho
v. Joanos, 715 So. 2d 382, 385
(Fla. 1st DCA 1998)....."
26 comments:
what's it like being a 12 year old on the county commission?
Why would the county keep paying his legal fees when he’s shown he can’t control his vengeful Libelous mouth on Facebook? After last week’s meeting he didn’t have the balls to say anything on the Dias to you or the rest of the board but he took to Facebook to say you guys should be arrested. How can you be arrested for a plan you’re not enrolled in and how can the other Commisioners be arrested for a legal plan? He’s foul and vindictive.
Yesterday he said this to an older lady on ECW because she addressed him as Dougy.
“do you know how much of an idiot you look like when you call me Dougie, as if we're in Middle School? Of course then you follow it up with all of that babble that really doesn't articulate and understanding of how planning is supposed to work, much less how it works. I guess this sophomore approach makes you feel better about the fact that you're really not doing anything to help?”
8:23 Doug is the 12 year old on the Dias.
Why didn’t Commissioner Underhill use his discretionary funds to open beach access four to the public?
No way I want my tax dollars go to his legal bills. It’s bad enough we pay him 80 grand a year to trash talk on Facebook, cut off our access to the beach, and he won’t even stay for a whole meeting without having a tantrum and storming out. That is if he even shows up.
Give whatever his legal fees amount to, as a bonus to our fireman and EMS workers instead. Commissioner Underhill doesn’t deserve our tax money but they do
What about the mouth of D2 candidate Melissa Pino's FB page
Kinda sets a precedent doesn't it...
Unknown who cares? We aren’t paying her 80 grand a year and our tax dollars aren’t going to her legal fees. Commissioner Underhill wants our tax money because again he doesn’t have any self control
Anon 1:54 a lot of people care. She's a candidate for his seat and has already been taken to court cause she thinks she can say what she wants about others. By comparison Pino is exactly like Underhill. Then we got 4 commissioners that think claiming a 49% back pay on a 401a for themselves is a great idea. See the hypocrisy yet.
We care, I’m not 1:54 but I don’t care either. Don’t group me into your we care comment. I also say we shouldn’t pay Doug’s legal fees.
Pino is like Underhill and worse and yes backpay on a retirement plan isn't good. If Bergosh keeps with the adhominen toward citizens even with anonymous comments he will be in the same boat as Underhill.
We Care 3:20
She was taken to court by a malicious person with a continued pattern of trying to destroy anyone who doesn’t bow to, what was it she had her followers calling her- oh yeah “the queen” If you care about facts though you will recall that Mel won.
Did I miss an attack by Bergosh?You can’t end up in the same boat as underhill if what Bergosh says is the truth. Truth is truth. Facts are facts. No to the back pay and no to underhill’s fees.
Actually anonymous 10:34 Dr. Edler's attorneys filed a Notice Of Voluntary Dismissal in the case. She dropped her complaint. A far cry from Pino won. The person you described sounds a lot like Pino. Disagree with her and she'll attack. You don't even have to do that to her directly. If she even hears a disagreement she'll put you on full blast emailing all the county administration and four of the board members. She's definitely somebody we don't need in elected office.
Another legal opinion letter came out today on north Escambia about the retirement plan being LEGAL. I think Pam Childers and Douglas Underhill owe the board and the public an apology. Neither of them has any credibility left.
Why is Douglas Underhill always behind the shenanigans to ruin the reputations of the other Commisioners? He lied and said it was illegal and arrests need to be made. Is that another ethics violation?
Actually you are wrong We Care. She did drop her suit when discovery started going the other way and it became clear she was about to get whacked for possible perjury and getting caught in a number of things including the fact that Pino was telling the truth. You don’t spend a 100k and just go “never mind”. Pino did win her counter suit and Edler was forced to pay. Edler has a history now of attacking anyone that challenges her. The arrested 4, Mike Weaver, JD, the BCC, Selover and the list goes on. Selover’s case she just got so used to getting away with it that she got cocky and caught. You go on and keep defending the evil actions though. I mean Bundy, Manson, David Duke and all the other ills of society had sycophants.
I can appreciate your attempt to spin this Anonymous 11:17 to favor your position but you are wrong. In court documents available to anyone there is no reason given by Dr. Edler’s attorney for her dropping of the case. No jury verdict or written opinion from the judge. Nothing about her case going south, possible lying under oath, or anything of that nature. What you stated all came from Pino’s mouth and is hearsay with no supporting facts. If you have any documentation that supports, your claims please point me in that direction. Yes, Pino did win her counter suit but none of this make her an innocent participant in online slander which she continues today. Now do not take this as an attempt to defend Dr. Edler. Pino has demonstrated her willingness to spread disinformation and attack anyone that says differently. Your willingness to ignore her actions are just as frightening.
We care, are you Rayme Edler?
Nope. Don't know her and I've never met her. She's actually the least of my concerns unlike Pino whom I find to be the wrong person to consider for any elected position. If you think Underhill is rude and obnoxious he had nothing on Pino.
We care, you don’t know her and you’ve never met her but you know every detail of her case? Interesting.
I know you have heard the phrase "Nero fiddled while Rome burned"
That's what this entire board's legacy will be if you all stay focused on this, the cartoonist and what somebody says about you.
Yeah we know Underhill and Jacqueline said on facebook you would not win in 2016. Underhill said something about Bear and his Daddy.
Get over it ...all of you.
BFD.
August 13, 2021 at 7:37 PM
I have never met either of them and read every detail of the case Edler vs Pino online in the public record on Escambia Clerk site and it is still there.
It was like watching a cat fight in slow motion. I looked at it like an educational opportunity to view and learn about law.
Why on Earth a medical doctor, public figure, would want to do that is beyond me but she was probably coached by Underhill, AKA the lawsuit attractant.
Personally if I had a half million dollars, rather then give it to an attorney and have that all on public display from now to the end of time I would have tried to not go that route but I guess that is how the two wanted to spend their money and time.
Maybe one has legal insurance,
Perhaps one is trying to recoup it from taxpayers from yet another lawsuit (I think) I haven't looked on the PACER system or maybe the one will still follow Underhill's lead like he said in the recent shade transcript, basically not pay the bills
He said something about setting up and paying the court $50/ month in perpetuity is an option for litigants. Yes he really said that.
And We Care, FYI Pino didn't file a counter suit. (YET) It was a motion in the same case
Edler started it so Pino had to answer. Defendant probably could have filed a SLAPP motion and have it released early on (Had to deal with the TRO first though) I see Pino got the 5K back from that plus taxable costs also rewarded. However Pino made the choice to drag it out in the open, which helped a lot of other people that Edler and the county was/is trying to railroad and screw over. I ALSO THINK SHE TOOK A STAND AND DID THE RIGHT THING, LIKE BERGOSH DID WITH SELOVER. That's integrity.
The first judge really mishandled the case early on when many witnesses were there for the first hearing NOV 13. Judge Burns kept Edler on the stand the whole time unfortunately. The transcript is posted on the case on the clerk site.
Underhill doesn’t deserve for us to pay his legal bill. Edler needs to quit being so sue happy and move on.
Our county employees and certain elected officials have turned the county into a three ring circus. Stop embarrassing us.
Has anyone else noticed the comments about David Bear being appointed to the Triumph board are all positive except on ECW? Same way about other issues. The only real place hate is thrown around over and over and over is on ECW. Because it’s par for the course there. Doug and his stooge come off as miserable envious haters that enjoy insulting people and spreading their misery around. Misery does love company.
Underhill obviously has anger management issues. Instead of paying his legal fees, couldn't the Board consider allocating money to pay for some anger management classes for him? Or some type of victim counseling? His pitiful attack-posts on FB are clearly a cry for help.
But about those Triumph GCI funds yes they are bitching on ECW but also uninformed there.
Those were to be for game changer regional economic endeavors, but yes, Where is that money?
Was it set in a trust fund or something. The RESTORE was for environmental projects, protecting Class III waters etc.
Also as I understand it, the board members are not paid, it is/ was a volunteer position so we should be applauding a local is on it. (David Bear)
Seriously, do they have something against success?
11:46, They’re all misinformed. Alex Arduini stated David Bear is “free game” now (like he’s an elected official) & he told everyone to give him their best shot. He’s wrong and just dumb. I hope he gets sued. They get off on harassing people for no real reason. It’s all personal attacks. They hate successful people because their own lives really really suck.
It might be time for Commisioner Underhill to stop slamming people on Facebook and get his vengeful attitude in check. ECW has been a place for hatred and vengeance for years. It’s time to stop. The admin breaks her own rules and personally attacks people and let’s Commissioner underhill do it too so her other members think it’s okay to do it too. I’ve seen private citizens like the paramedic get brutalized, the Westmarks, Sammons, the Bear Family, the Pino’s (before she became a candidate), county employees, and anyone that disagrees with Commisioner underhill or the admin gets jumped on. I know the comments on this blog aren’t good either, but ECW has been the place for hate for a long time. What is going to get their attention for them to stop harming peoples reputations?
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