Judge says Escambia County owes legal fees in lost lawsuit over new jail, and Pensacola's top 5 criminal cases of 2024

After waiting six months to file an initial brief with Florida's Appellate Court, Escambia County's appeal of a lawsuit it lost related to construction of the new county jail will continue into the new year.

In the meantime, a county circuit court judge says Escambia County still owes attorneys' fees to architectural firm DLR Group, the company it has tried and, so far, failed to sue over the project.

The exact amount that is owed is yet to be determined, but as of April it was just under a quarter of a million dollars.

On Wednesday, Okaloosa County Circuit Court Judge William Stone granted DLR Group's renewed motion for entitlement to fees and expenses, that was originally filed in May.

At that time, the firm estimated attorney's fees and expenses as of April 30 to be over $240,000. Those expenses may have increased since then.

"As a result of the Final Judgement of no liability, DLR is entitled to recover its attorneys' fees incurred since March 15, 2023," Stone wrote in the order, adding the firm is also entitled to costs including "litigation filing fees, deposition fees, transcription of court proceedings, and expert witness fees."

Stone said DLR Group will submit its brief listing the amount of fees and expenses, along with supporting documents, to him no later than today. If Escambia County intends to reply, the judge said that reply needs to be filed by Jan. 10, 2025, with any response from DLR Group filed by Jan. 17, 2025.

"The court will hold a hearing on the reasonableness of attorneys' fees and expenses, if needed," Stone concluded.

Where Escambia County's appeal stands

On Nov. 25, Escambia County filed its initial brief with Florida's First District Court of Appeals, detailing the basis for appealing the court's ruling in favor of DLR Group.

The brief comes about six months after Escambia County first filed its notice of appeal on May 24, after Circuit Court Judge John T. Brown denied the county's motion for a rehearing on the final judgment finding in favor of DLR Group.

The county hired the architectural firm to consult on building the new Escambia County Jail and later blamed the firm for some legal troubles the county had with the builder, alleging DLR Group did not hold up its end of the contract in managing the construction of the jail.

In January, Okaloosa Circuit Court Judge John T. Brown issued a final judgement in the case finding in favor of DLR Group and later denied the county's motion for a rehearing, leading to the county's appeal.

Law firm Cole, Scott, & Kissane is representing Escambia County in the matter and wrote in the appeal that the court should reverse for two reasons: "1) the trial court erred by granting summary judgment in favor of DLR; and 2) the trial court abused its discretion by denying the County's Motion for Leave."

Among other points, the brief argues Escambia was denied due process and that "genuine disputes of material fact existed," that the court did not address.

"For the factual and legal reasons previously discussed, the County respectfully requests this Court reverse and remand based on the lower court's erroneous granting of DLR's summary judgment motion and abuse of discretion in denying the County's Motion for Leave," the brief states.

According to appellate court records, DLR Group filed a notice of agreed extension of time on Thursday, and will have an answer to the county's brief in 30 days, by Jan. 25, 2025.

Why Escambia sued DLR Group

The case stems from a lawsuit Whitesell-Green/Caddell, the joint company of Whitesell-Green and Caddell Construction (WGI-C) that the county hired to build the $142 million jail, filed against Escambia County in 2022 for withholding a $3.4 million payment from the company.

Whitesell-Green/Caddell, the joint company of Whitesell-Green and Caddell Construction that the county selected to build the jail, filed a lawsuit in January over the withholding of a $3.4 million payment for the jail.

The county withheld the money on the grounds that the company was late completing the project, but WGI-C said the primary reason for the delay was the COVID-19 pandemic and that their contract allowed for delays under circumstances that were beyond WGI-C's control.

Last September, the Escambia Board of County Commissioners agreed to a mediated settlement with WGI-C and agreed to pay the $3.4 million it withheld.