HomeMy WebLinkAboutMinutes - City Council - Regular - 4/14/1947RECESSED RE':TJLAR 'TETIWG.
Lubbock, texas,
Ar ri.l 14, 1947.
The �,i ty "ommission of the "i ty of Lubbock, Texas, met at 10 ls.i41, in
recessed regular session, recessed from regular r^eetinr of Arril 10, 19479
at the regular meeting place in the City Hall, the following members
thereof being present, to -wit:
Mayor C.A. Bestwick, commissioners W.B. Price, J.Ray Dickey, John Spikes,
City Attorney Vaughn L. "ilson, �i.ty Lkinager Homer -. Hunter.
Absent: Commissioner F.N. Childress.
Motion by Commissioner Price, seconded by Commissioner Spikes, carried
unanimously, to accept the following proposal of Nelson and McCleskey,Attorney
' ,
in connection .vith the case of Mollie -. nbernath,y and M G aber-:athy vs.
City of Lubbock, et al.
Honorable Clarence A. Bestwick
Ma vor, ui tv of Lubbock
Lubbock, Texas
Dear Mr. Bestwick:
In compliance t.:ith the request of the City C ommission
in connection with the employment of our firm to represent the
City in the case of Mollie D. Abernathy and M.G. Abernathy
vs. City of Lubbock, et al., in the 72nd District Court of
Lubbock County, 'Texas, lnre Ltive you the following as our understanding
of our agreement concerning the fee in the above case.
1.-'�1000.00 if the case is determined by exceptions in the trial court.
2. 500.00 additional if the case is deter.rnined in the court of civil
appeals on the exceptions.
3. $ 500.00 additional if the case is determined in the Surreme Court
on excerti or.s following; al-; eal.
4. If the case should be appealed on exceptions and be reversed for a
trial on its merits and the case is tried following such arx;eals, then
;"500.00 'n addition to that set out above.
5. If the case is tried on its men its and appealed to the court of civil
appeals, then ,1'01000.00 n addition t-, the amounts set out above.
6. if the case is tried on its merits and arnealed from the court of c:IVil
ap? eals to the S,irreme Court, then an additional $1,000.00.
7. tinder no circumstances shall the fee exceed the sum of $4500.00
renardless of the number of times tried.
8. If the case is tried on its merits in the trill curt rrior to any
appeal on an excerption record, the fee for the trial court shall be
�2500.00.
9. If the case is tried ')n its nerl.ts prior t') anv appeal on exceptions and
is annealed to the court of civil, ar_.r_.eals, th::re shall he added $1,000.00
to the original $2500.00 trial fee, an,l if arrealed from the. court of
civil appeals to the Supreme Court, an additional `1000.00 to be added t-,
the k25G0.00 trial fee and the 61000.00 court of civil arreals fee,
making a total o" 44500.00.
10. If the case is settled without trial, the fee shall be the minimum
above, to -wit, 1000.00 .
11. �L11 actual exrenses incurred in travel or communications shall be raid
by the City over and above the above menti:)ned fees.
12. the attorneys shall not be obligated for any court costs or transcriptions)
13. Our firm is Piven the right to emrlo,y any other counsel that may be deemed
necessary by our firm, which will, in oizr opinion, lead to securing a
tudgment favorable to the City in the above case, subject, however, to
the aprroval, both as to personel Pnd fee to be raid, by the City.
Yours very truly,
T7Li,1S01,T Q; _11cCIFSKEY
Ry ('Maned) G.R. Nelson
GFF : ,4 m
No further business cominC "p for consideration, the City Commissim
adjourned.
Read and approved this the __24th___ day of aril, 1947.
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