Agenda

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County Attorney's Report 11. 1.

BCC Regular Meeting

Information

Meeting Date:	05/19/2016
Issue: Earnest Stanberry, Jr. v. Escambia County, Board of County Commissioners, Case No.: 2008 CA 002668
From:	Charles Peppler
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Earnest Stanberry, Jr. v. Escambia County, Florida, Case No.: 2008 CA 002668

That the Board accept the provided informational report concerning Earnest Stanberry, Jr. v. Escambia County Board of County Commissioners, Case No.: 2008 CA 002668.

BACKGROUND:

Attached is a copy of the Final Judgment of Dismissal with Prejudice in favor of Escambia County and against Earnest Stanberry, Jr. This litigation was instituted in August, 2008 by Mr. Stanberry and his wife, Linda, seeking damages from the alleged negligence, among other claims, of the County in maintaining the Mayflower/Caro pond which abuts Mr. and Mrs. Stanberry's residence and real property. Eventually, Mrs. Stanberry was dropped from the lawsuit.

Mr. Stanberry initially claimed that stormwater from Hurricanes Katrina and Rita in August and September, 2005 caused flooding damage to his real property and residence. As the litigation progressed over the years, Mr. Stanberry abandoned these claims and argued he was the victim of racial prejudice. Mr. Stanberry was represented by two attorneys each of whom who withdrew from representing him. He concluded the litigation representing himself,pro se.

During the course of the litigation, Mr. Stanberry's conduct was less than exemplary. He was found to have violated several court orders. He engaged in offensive behavior and made offensive statements to this office. After numerous warnings by the Court, which Mr. Stanberry ignored, the Court entered an order on January 25, 2016 that required Mr. Stanberry to retain an attorney within sixty days to continue with his litigation. When Mr. Stanberry did not obtain counsel within the sixty day time period, the Court was left with no alternative but to dismiss the pending litigation with prejudice.

This office will pursue a motion to tax costs which is a way of saying that the County will obtain a judgment for expenses incurred such as depositions, expert witnesses and the fees of a special master to preside over a deposition given by Mr. Stanberry. Moreover, because Mr. Stanberry did not accept written proposals for settlement which were served on him according to the Florida Rules of Civil Procedure, this office will be filing a motion for sanctions for attorney's fees to compensate the County for the amount of time spent by this office in defending the claims brought by Mr. Stanberry. It is unknown whether Mr. Stanberry will pursue an appeal. Should he do so, this office will vigorously defend the County.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

N/A

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
Final Judgment