Title:
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A proposed Mediated Settlement Agreement for $600,000 and a Proposed Stipulated Final Judgment for Statutory Eminent Domain Attorney’s Fees for Nonmonetary Benefits Achieved between Seminole County and Catherine Tonks, DVM d/b/a South Seminole Animal Hospital and 150 Oxford Road, LLC, regarding Parcels 104 & 106/706 of the Oxford Road Improvement Project and as part of eminent domain proceedings in Seminole County Case Number 2021-CA-2978. District4 - Lockhart (John Slot, Public Works Director)
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Division:
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Public Works - Engineering
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Authorized By:
John Slot, Public Works Director
Contact/Phone Number:
John Slot/407-665-5702
Background:
A portion of the properties designated as Parcels 104 & 106 were acquired by the County from the fee owners, Catherine Tonks, DVM d/b/a South Seminole Animal Hospital and 150 Oxford Road LLC (“Respondents”), for the County’s Oxford Road Improvement Project. The subject properties are located at 102 Oxford Road and 150 Oxford Road and are within the Casselberry/Fern Park area of unincorporated Seminole County. Both properties are improved with commercial buildings owned by the Respondents and are used as a veterinary clinic and a dermatology billing company respectively. Respondents were named in the eminent domain case proceedings, made a claim for compensation, and previously settled their claims with the County except for attorney fee claims for nonmonetary benefits pursuant to section 73.092(1)(b), F.S.
Pursuant to section 73.092(1)(b), F.S., nonmonetary benefits are awarded when either: (1) the owner’s attorney obtains a nonmonetary benefit for the client as part of an eminent domain settlement (such as getting the taking authority to install a fence or driveway at its cost); or (2) the owner’s attorney obtains a client benefit that reduces the amount of compensation owed by the taking authority. This second scenario benefits both the owner and the taking authority. It encourages owners and their counsel to work with the taking authority to implement logical changes that preserve the property’s value and reduce overall compensation owed by the taking authority. It discourages owners from concealing practical solutions to maximize their monetary claims (on which the attorney would be paid its statutory monetary benefit fee).
In this case, Respondents’ attorneys filed a motion for nonmonetary benefit attorney fees claiming that, through their negotiations with the County, they obtained significant nonmonetary benefits for Respondents. These benefits include 1) ultimately saving Respondents’ successful businesses from being wiped out or crippled from the ability to grow and 2) additional land for parking, which the County deeded to Respondents as a condition of the Stipulated Order of Taking entered by the Court in the eminent domain case. Respondents’ attorneys argued that these negotiations and benefits achieved entitled them to nonmonetary benefit attorneys’ fees under section 73.092(1)(b), F.S.
The parties mediated this issue on June 30, 2025, and reached a proposed settlement. The terms of the proposed settlement are set forth in detail below. Public Works Director John Slot, Assistant County Attorney Cassidy Perdue, and outside counsel for the Oxford Road Improvement Project, Richard Milian of Nelson Mullins Riley & Scarborough, LLP, attended the mediation and recommend approval of the proposed settlement.
TERMS OF THE PROPOSED SETTLEMENT
The proposed settlement, if approved by the Board, would resolve all remaining issues between the owners of Parcels 106 and 104 the County. The settlement generally provides for the following:
• Parcel 106: Gray Robinson, counsel for Catherine Tonks, DVM d/b/a South Seminole Animal Hospital, shall receive $200,000.00 for their nonmonetary benefit attorney fee claim.
• Parcel 104: Gray Robinson, counsel for 150 Oxford Road, LLC, shall receive $400,000.00 for their nonmonetary benefit attorney fee claim.
• Submission of Approved Settlement to the Court: Submit to the Court the Stipulated Final Judgments Based Upon Statutory Eminent Domain Attorney’s Fees Based Upon Nonmonetary Benefits Achieved and County issues payment to owners’ attorneys of six hundred thousand and 00/100 dollars ($600,000.00) within 10 days from the entry of the Stipulated Final Judgment, which incorporates all final settlement terms following approval of the proposed negotiated settlement by the Board of County Commissioners.
The proposed settlement provides a complete resolution of all remaining issues as to Parcels 106 and 104, which are currently set for an evidentiary hearing in August. It provides certainty to the parties rather than the uncertainty of a court hearing and avoids incurring additional experts’ fees and costs for the County and Respondents, which the County would be statutorily required to pay.
Requested Action:
Staff requests the Board approve a Proposed Mediated Settlement Agreement for $600,000 and a Proposed Stipulated Final Judgment for Statutory Eminent Domain Attorney’s Fees for Nonmonetary Benefits Achieved between Seminole County and Catherine Tonks, DVM d/b/a South Seminole Animal Hospital and 150 Oxford Road, LLC, regarding Parcels 104 & 106/706 of the Oxford Road Improvement Project and as part of eminent domain proceedings in Seminole County Case Number 2021-CA-2978.