Cloverdale to hire appellate attorney
The Cloverdale Town Council held a special meeting Thursday to discuss the authorization of an appellate attorney.
The Council met briefly to discuss the appeal that is being made in the Whitaker/Davis case that was originally filed back in 2005.
When the case went to trial last month, "the judge slammed the file shut and said he had better things to do than to listen to this," said Alan Yackey, Cloverdale Town Attorney.
The ruling was dismissal with prejudice. This means the case is dismissed for good reason and the plaintiff is barred from bringing an action on the same claim. This however does not apply to an appeal.
The Town Council approved a motion to allow an Appellate Attorney to handle the case for $2,500.
"You can't stop (the plaintiff) from appealing this case, the only thing you can do is pay to defend the appeal the best that can be done," Yackey said.
There was nothing else discussed at this special meeting. They just had to call the meeting to appoint an attorney before this case goes into the appellate process.
The Cloverdale Town Council meets regularly the second Tuesday of each month at 7 p.m. at Cloverdale Town Hall. The next meeting is set for May 13 at 7 p.m.