On July 26, 2007, the City Commission approved a settlement that would authorize a refund in the Fire Fee case.  The City has agreed to establish a fund in the amount of $15,550,000, to refund any property owner in the City of Miami who paid the Fire/Rescue Assessment (1997-1998 through 1999-2000), or who paid the Fire Assessment (2000-2001 through 2006-2007), and cover attorney’s fees and administrative costs.

In addition, in January 2008, the law firm of Adorno & Yoss agreed to contribute an additional $1,600,000 to the same fund.

Although preliminary court approval has been given to the City's portion of the settlement, court approval has not been given to the portion of the settlement involving Adorno & Yoss.  A hearing on whether preliminary approval will be given to the Adorno & Yoss portion of the settlement will occur on February 1, 2008.

If preliminary approval is given to both settlements, the affected property owners will have a chance to object to or opt out of the settlements.  The court will then determine whether final approval of the settlements should be granted.  The court will also determine how much in attorney's fees and administrative costs should be awarded.

At this time it is not known how much each property owner will receive in the form of a refund. The refund amount will be calculated and refund checks will be issued to those who submit the request for refund form after several variables are determined. These include: 1) How much interest will be earned on the common fund; 2) How much will be awarded by the Court to Class counsel in attorneys’ fees and costs; 3) How much will be approved by the Court in administrative costs; and 4) How many eligible property owners apply for a refund.
Notice will be sent to each identified City of Miami property owner who is eligible for a refund. The notice will contain a request for refund form and instructions on how to object, opt out or apply for the refund.

After final approval by the Court more detailed information about how to apply for the refund will be available by calling 1-800-981-7567 or visiting http://www.miamifirefeesettlement.com/.

If you have any specific questions please contact Class Counsel Richard L. Williams, Esq., Michael Garcia-Petit, Esq., or Patrick A. Scott, Esq. at 305-324-5101.

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