Former city council member Sherri Myers is upset about the costly litigation regarding the 401a plan. The issue could have been resolved two years ago, but the county clerk bogged down the court with several motions that Judge William Stone outlined in his decision.
- Over 16 months were spent dealing with the clerk’s motions to stop the case from going to trial. She is entitled to her legal strategy, but the Board of County Commissioners (BCC) didn’t drag this case out and drive up her legal bills. Pam Childers did.
Judge Stone outlined the procedural history on pages 2-4: 
On January 21, 2022, the County filed a Complaint for a Writ of Mandamus. On January 26, 2022, this Court was assigned to this case. The County filed an Amended Complaint on January 31, 2022. On February 8, 2022, this Court issued an Alternative Writ in Mandamus.
Clerk filed a Motion to Quash that took four months to resolve – Judge Nelson denied it.
On March 1, 2022, the Clerk filed a Motion to Quash. On March 8, 2022, this Court entered an order directing the County to file a response within 20 days. On March 24, 2022, the County filed a Stipulated Motion to Extend Deadline, which this Court granted via an order entered on March 29, 2022. On April 1, 2022, the County filed its response to the Motion to Quash. Subsequently, on April 14, 2022, the Clerk filed a reply. On June 17, 2022, the Court held a hearing on the matter, and on July 5, 2022, the Court entered an order denying the Motion to Quash.
Clerk then filed a Motion for Summary Judgment, then two Motions for Partial Summary Judgment that took over a year to resolve – Judge Nelson denied the motions.
On July 12, 2022, the Court entered an order setting a case management conference. The Court held the case management conference on August 16, 2022, and entered an order reciting the action taken at the case management conference and providing directions to the parties. On the same day, the Clerk filed a Motion for Summary Judgment. On August 23, 2022, the parties filed a joint statement per the Court’s case management order.
On August 31, 2022, the Clerk filed a Motion for Partial Summary Judgment on the Interpretation of Section 121.182, Florida Statutes. On September 1, 2022, the Clerk filed a Motion for Partial Summary Judgment Determining that Retirement Benefits are Part of a County Commissioner’s Compensation. The Court held a case management conference on September 12, 2022, at which time the parties agreed to have those motions heard without a hearing, and a briefing schedule was set via a case management order entered on September 28, 2022. Also on September 28, 2022, the Clerk filed amended versions of both motions.
On November 11, 2022, the County filed written oppositions to the motions. The Clerk filed replies on December 14, 2022, followed by an amended reply on December 27, 2022. On March 1, 2023, the Court entered an order directing the parties to file additional briefing on two issues. Subsequently, pursuant to the Court’s order, the parties filed their additional briefs on March 31, 2023. On August 23, 2023, the Court entered orders denying the motions for partial summary judgment.
The judge filed notice that the case was ready for trial last September.
On September 19, 2023, the Clerk filed a notice stating that the case is “ready to be set for non-jury trial.” A case management conference was held on December 19, 2023. On January 10, 2024, the Court entered an order for trial with directions to the parties to file a joint pretrial statement. The parties filed a joint pretrial statement on February 9, 2024, followed by an amended joint pretrial statement on February 22, 2024. The trial was held on February 26 and 27, 2024. Subsequently, the parties filed closing arguments on March 5, 2024, and responses were filed on March 12, 2024.
Note how quickly Judge Stone made his ruling once the clerk’s motions were handled.
- The trial was held less than six months after the notice.
- His ruling was issued a month after written closing arguments were submitted.
Had Childers allowed the case to go to trial sooner, we might have had the case completely resolved before the end of 2022.
