A battle over $3.25 million in attorney fees is heading for appeal with attorney and former Miami Lakes Mayor Michael Pizzi seeking the money spent regaining his seat after a public corruption acquittal.

Miami-Dade Circuit Judge Mavel Ruiz dismissed Pizzi's lawsuit with prejudice April 24. The next day, Pizzi's legal team filed a notice of appeal.

“This is a contentious litigation over an issue that should have been settled long ago,” Ben Kuehne of Kuehne Davis Law in Miami said Thursday. He represents Pizzi, along with Michael Davis of Kuehne Davis and David Reiner II and Samuel “Clay” Reiner II of Reiner & Reiner in Miami, plus Edward Shohat of Jones Walker in Miami and Gonzalo Dorta of Dorta Law in Coral Gables.

Kuehne also defended Pizzi in the federal corruption case brought in 2013 alleging the mayor accepted $6,000 in cash in return for supporting a deal to provide the city with a free economic study to help win federal grant money. Pizzi was acquitted of all charges in 2014.

Then Kuehne and his team successfully represented Pizzi in actions against Gov. Rick Scott and the suburban Miami town to return the mayor to office. Scott refused to lift his suspension of Pizzi after his acquittal, but the Florida Supreme Court ordered the governor to act. Pizzi served out a second term, then lost his next re-election bid.

“The law is without question in favor of exonerated public officials,” Kuehne said. “The law is consistent that public officials who are cleared of wrongdoing, as former Mayor Pizzi was, are absolutely entitled to be paid their reasonable legal fees. The town of Miami Lakes for political reasons has opposed that. The judge in my view erred on an important point of law that needs to be addressed by the appellate court.”

The judge agreed with the argument made by the Miami Lakes legal team, Joan Carlos Wizel and Onier Llopiz of Lydecker Diaz in Miami. Under the town's theory, it doesn't matter that Pizzi was acquitted of the federal bribery charges. His actions still carried a “taint of private interest,” according to Wizel and the judge's order.

“It was a resounding victory at the end of a long string of court battles,” Wizel said. “It was personally a very satisfying result. Hopefully, it will renew the hope of the town that they can stand against seven prominent attorneys and prevail in court.”

The judge noted the indictment amounted only to allegations.

But “it is the nature and context of the allegations brought against a public official that determines whether he has a right to common-law reimbursement,” the judge ruled. The federal charges “were not based on allegations of conduct which served the public purpose but were based on allegations of conduct tainted by, and serving, his own private interests. As such, the plaintiff has failed to put forth a cause of sustainable action for common-law reimbursement.”

If the Ruiz ruling stands, part-time officials in towns like Miami Lakes would risk bankruptcy if they are wrongfully accused of improper acts while in public service, according to Kuehne.

“That is absolutely not what the Constitution, our justice system or even common sense allows,” Kuehne said. “Our legal team is confident that the law is absolutely in favor of Mayor Pizzi. But it's such an important legal issue that clear direction from the appellate court is probably a good thing.”