Agenda Item Name:
Title
County Attorney request to initiate or defend cases - (Dickey probate case)
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Presenter:
Sylvia Torres, County Attorney
Description:
Per Article IV, Sec. 21.41(e), Duties and Responsibilities of the County Attorney, a current list of Article 5 cases where authorization to initiate or defend is requested. Please see the attached “Litigation Report - Request to Initiate or Defend.” For the November 9, 2021 meeting, there is only one case - In Re: Estate of Herbert Dickey, #2021-CP-1127.
Recommended Action:
Recommended Action
Approve the County Attorney’s authority to initiate or defend the case in the attached Litigation Report.
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Prior Board Motions:
N/A
Fiscal Consideration:
Fiscal Consideration
County Small Claims Filing fee: $175.00. Issuance of Summons: $10.00. Service of process: $40.00.
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Strategic Guide:
Choose an item.
Background:
On September 1, 2021, Alachua County filed a Statement of Claim in the amount of $971.50 in the Estate of Herbert Dale Dickey, Sr., deceased. On October 14, 2021, the Estate filed an Objection to the Claim. Pursuant to Florida Probate Rule 5.496 and FL Statutes Section 733.705, Alachua County must file an action within 30 days. Additional documentation has been provided to the Estate so filing may not be necessary if resolved before deadline.