R10A-City Attorney�s Status Report~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM:
DATE: March 21, 2012
SUBJECT: City Attorney's Status Report
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT
1. Suntrust Bank vs. Gary Brecka, et al., Case No. 12-1672 CA 27 (Circuit Court-11th
Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 725 E. Dilido Drive,
Miami Beach, Florida. The Summons and Complaint were served on the City on January
24, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition or
board-up liens, and resort taxes was filed on February 7, 2012.
2. Aspen Shackleton II LLC vs. Jessica lngelmo, et al., Case No. 12-2854 CA 04 (Circuit
Court -11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 5445 Collins
Avenue, Unit 428, Miami Beach, Florida. The Summons and Complaint were served on
the City on January 27, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition or
board-up liens, and resort taxes was filed on February 7, 2012.
3. Lisette Luna v. City of Miami Beach, Phillip Elmore and Frederick Dominguez, Case No.
12-01246 CA 25 (Circuit Court -11th Judicial Circuit in and for Miami Dade County).
The City was served with this complaint on January 25, 2012 alleging that on April 27,
2008, the plaintiff, Lisette Luna, was walking with her fiance Kelisie Lordeus on Ocean
Drive and gth Street at approximately 1 :00 a.m. when she observed Officer Elmore and
Dominguez using excessive force on a subject. She took pictures of the officers using
excessive force and her flash light went off. Thereafter, Officer Dominguez yelled to
Officer Elmore and some bouncers from a nearby establishment, Mangos, to "get the
camera." In the process of grabbing for the camera around plaintiff's left wrist, excessive
force was used and plaintiff sustained injuries to her left wrist and lower back including a
herniated disc at L4-5. The next day after the incident, the plaintiff reported the matter to
internal affairs. Internal Affairs investigation and Internal Affairs report substantiated four
of five claims including use of force. The only claim unsubstantiated was theft of the
camera. We shall file our answer to the complaint and propound discovery to the
plaintiff.
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4. The Bank of New York Mellon vs. Jeff T. Balitewicz. et al.. Case No. 12-2911 CA 13
(Circuit Court -11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 710 Washington
Avenue, Unit 301, Miami Beach, Florida. The Summons and Complaint were served on
the City on February 2, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition or
board-up liens, and resort taxes was filed on February 7, 2012.
5. Arrow Financial Services. LLC vs. Jeffrey Louis Morris. et al.. Case No. 12-3404 CA 13
(Circuit Court -11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to quiet title on real property located at 1670 Lincoln Court, Unit 5-D,
Miami Beach, Florida. The Summons and Complaint were served on the City on
February 2, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition or
board-up liens, and resort taxes was filed on February 7, 2012.
6. Federal National Mortgage Association vs. Jeffrey Louis Morris. et al.. Case No. 12-2974
CA 40 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 1670 Lincoln Court,
Unit 5-C, Miami Beach, Florida. The Summons and Complaint were served on the City
on February 3, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition or
board-up liens, and resort taxes was filed on February 7, 2012.
7. GR Investments Holdings. LLC vs. Bobby Flinn. et al.. Case No. 12-3818 CA 27 (Circuit
Court -11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to quiet title on real property located at 1150 71 Street, Miami Beach,
Florida. The Summons and Complaint were served on the City on February 3, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition or
board-up liens, and resort taxes was filed on February 7, 2012.
8. BAC Home Loans Servicing. LP vs. Dorrell Price. et al.. Case No. 10-53079 CA 01
(Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 1051 NE 151 Street,
North Miami Beach, Florida. The Summons and Verified Amended Complaint were
served on the City on February 3, 2012.
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The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition or
board-up liens, and resort taxes was filed on February 7, 2012.
9. Bank of America, N.A, vs. Joel Espinosa. et al., Case No. 12-3116 CA 13 (Circuit Court
-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 300 7 4 Street, Unit
17, Miami Beach, Florida. The Summons and Complaint were served on the City on
February 3, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition or
board-up liens, and resort taxes was filed on February 7, 2012.
10. LPC Fund, LLC vs. Nocturnal Miami. Inc .. et al., Case No. 12-02460 CA 23 (Circuit
Court -11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a security interest in a liquor license. The Summons and
Complaint were served on the City on February 6, 2012.
The City's Answer and Affirmative Defenses was filed on February 8 2012.
11. GMAC Mortgage. LLC, vs. Robin Hale, et al., Case No. 12-3641 CA 23 (Circuit Court-
11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 7382 Gary Avenue,
Miami Beach, Florida. The Summons and Complaint were served on the City on
February 8, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition or
board-up liens, and resort taxes was filed on February 15, 2012.
12. Denrick Bruce v. Alexander Torres, and City of Miami Beach Case No. 12-04744 CA 30
(Circuit Court-11th Judicial Circuit in and for Miami Dade County).
This is a state court lawsuit by an individual against the City, and one of its police
officers for state claims, and federal civil rights violations by both defendants arising out
of the alleged false arrest of the Plaintiff during a drug sting.
The incident occurred in February 28, 2009, in which the Plaintiff was arrested for selling
crack cocaine in a drug sting. The Plaintiff alleged the officer fabricated the evidence
against him. This case has been removed to federal court from state court. The City is
in the process of responding to the Complaint.
13. Guy Sahar v. City of Miami Beach, Case No. 08-04231 CA 30 (Circuit Court -11th
Judicial Circuit in and for Miami Dade County).
The City was served with this complaint on February 10, 2012 alleging that on March 27,
2010, the plaintiff, Guy Sahar, riding his bicycle southbound on Washington Avenue at
approximately 1oth Street in Miami Beach when he struck a "pothole" and/or roadway
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depression and was thrown from his bike and was injured. We shall file our answer to
the complaint and propound discovery to the plaintiff.
14. Bank of America, N.A. vs. Herbert P. Rickman, et al., Case No. 12-4850 CA 02 (Circuit
Court -11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 5225 Collins Avenue,
Unit 1616, Miami Beach, Florida. The Summons and Complaint were served on the City
on February 10, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition or
board-up liens, and resort taxes was filed on February 16, 2012.
15. Buffed Condominium Association, Inc. vs. Clarence Edward Hylton, Jr., et al., Case No.
12-2975 CC 23 (Circuit Court -11th Judicial Circuit in and for Miami-Dade County,
Florida)
This is an action to foreclose a condominium lien on real property located 825 Euclid
Avenue, Unit 12-A, Miami Beach, Florida. The Summons and Complaint were served on
the City on February 10, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition or
board-up liens, and resort taxes was filed on February 22, 2012.
16. Roxana Llarena v. City of Miami Beach, Case No. 23-813 CC 26 (Circuit Court-11th
Judicial Circuit in and for Miami-Dade County, Florida)
The City was served with this complaint on February 13, 2012 alleging that on February
9, 2011, the plaintiff, Roxana Llarena, was walking on the park on Crespi Boulevard and
81st Street in Miami Beach, when a piece of sharp metal jutting out from the ground cut
her leg causing the plaintiff to suffer injuries to her body and extremities. We shall file our
answer to the complaint and propound discovery to the plaintiff.
17. Bank of America, N.A. vs. lliyana Panova, et al., Case No. 12-4926 CA 02 (Circuit Court
-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 1300 Alton Road, Unit
1 0-D, Miami Beach, Florida. The Summons and Complaint were served on the City on
February 13, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition or
board-up liens, and resort taxes was filed on February 16, 2012.
18. Bank of America, N.A. vs. Maria P. Colombini, et al., Case No. 12-4925 CA 02 (Circuit
Court -11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 6917 Collins Avenue,
Unit 1226, Miami Beach, Florida. The Summons and Complaint were served on the City
on February 13, 2012.
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The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition or
board-up liens, and resort taxes was filed on February 16, 2012.
19. Andres Duquesne v. City of Miami Beach, Phillipe Archer. individually Michael Mulley,
individually, and Bernadette Maher, individually Case No. 12-CV-20575 Huck Bandstra
This is a federal lawsuit by an individual against the City and three of its police officers
for state claims, including false arrest, use of excessive force and battery, and federal
civil rights violations by all defendants.
The incident occurred in February 16, 2008, in which the Plaintiff was arrested for
alcohol offenses, drug offenses, and resisting arrest by the police officers. The Plaintiff
alleged the officers fabricated the evidence against him and used excessive force
against him. The City is in the process of responding to the Complaint.
20. Bank of America, N.A. vs. Sean Greco, et al., Case No. 12-5417 CA 11 (Circuit Court-
11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 900 Bay Drive, Unit
813, Miami Beach, Florida. The Summons and Complaint were served on the City on
February 17, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition or
board-up liens, and resort taxes was filed on February 23, 2012.
21. The Bank of New York vs. Humberto Maestre. et al., Case No. 12-5600 CA 21 (Circuit
Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 7125 Bay Drive, Unit
304, Miami Beach, Florida. The Summons and Complaint were served on the City on
February 21, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition or
board-up liens, and resort taxes was filed on February 22, 2012.
22. Agnes Youngblood v. Greensquare. Inc. and City of Miami Beach, Case No. 12-1212
CA01 (Circuit Court-11th Judicial Circuit in and for Miami Dade County).
The City was served with this complaint on February 21, 2012 alleging that on June 1,
2009, the Plaintiff, Agnes Youngblood, was injured while she was playing tennis at a
City-owned tennis court. She is alleging that the co-defendant Greensquare was
responsible for supervising and maintaining the tennis court, which is owned by the City
of Miami Beach. We shall send a letter to the insurance carrier of Greensquare
demanding representation and indemnification for the City of Miami Beach.
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City Attorney's Report
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23. Dario D. Vasquez v. City of Miami Beach, et al Case No. 12-05600 CA 21 (Circuit Court
-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is a state court lawsuit by an individual against the City, the Mayor, the City
Manager, the former police chief, and one of its police officers for state claims, including
use of excessive force and battery, and federal civil rights violations by all defendants.
The incident occurred in February 4, 2008, in which the Plaintiff was arrested for alcohol
offenses by the police officer. The Plaintiff alleged the officer used excessive force
against him. This case has been removed to federal court from state court. The City is
in the process of responding to the Complaint.
24. Green Tree Servicing LLC vs. Rene Perez. et al., Case No. 12-5826 CA 22 (Circuit
Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 6905 East Bay Drive,
Unit 21, Miami Beach, Florida. The Summons and Complaint were served on the City on
February 22, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition or
board-up liens, and resort taxes was filed on February 22, 2012.
25. Green Tree Servicing LLC vs. Andres F. Perez. et al., Case No. 12-6136 CA 02 (Circuit
Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 350 E 21 Street, Unit
305, Hialeah, Florida. The Summons and Complaint were served on the City on
February 23, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition or
board-up liens, and resort taxes was filed on February 29, 2012.
26. Bank of America, N.A. vs. Raul A. Gonzalez. et al., Case No. 12-6199 CA 08 (Circuit
Court -11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 210 Fountainebleu
Blvd., Unit 110, Miami, Florida. The Summons and Complaint were served on the City
on February 24, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition or
board-up liens, and resort taxes was filed on February 29, 2012.
27. Serafina Fedorova. a minor and her Mother and Guardian Natalia Fedorova as Guardian
and individually v. City of Miami Beach, Case No. 12-05810 CA 21 (Circuit Court-11th
Judicial Circuit in and for Miami Dade County).
The City was served with this complaint on February 24, 2012 alleging that on April 14,
2011, the plaintiff, Serafima Fedorova, was a 14 year old enrolled at the Scott Rakow
Center in a gymnastic class sponsored by the City of Miami Beach. It is further alleged
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City Attorney's Report
March 21, 2012
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that as a result of there being no spotter and no supervision for the plaintiff to perform a
back flip, the plaintiff landed in an awkward manner fracturing her elbow. After the
accident, it is also alleged that no one from the recreation center called fire rescue or the
plaintiff's mother, Natalia Fedorova. We shall file our answer and propound discovery to
the plaintiff.
28. Onewest Bank, FSB vs. Edwin Erik Gonzalez. et al., Case No. 12-6680 CA 06 (Circuit
Court -11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 18870 NW 57
Avenue, Unit 301, Miami, Florida. The Summons and Complaint were served on the City
on February 27, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition or
board-up liens, and resort taxes was filed on February 29, 2012.
29. Bank of America. N.A. vs. Gabriela Vargas. et al., Case No. 12-6819 CA 20 (Circuit
Court -11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 1 045 1oth Street,
Unit 903, Miami Beach, Florida. The Summons and Complaint were served on the City
on February 27, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition or
board-up liens, and resort taxes was filed on February 29, 2012.
30. Wells Fargo Bank, N.A. vs. Pilar Corredor. et al., Case No. 12-6958 CA 04 (Circuit Court
-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 2301 Collins
Avenue, Unit 1631, Miami Beach, Florida. The Summons and Complaint were served on
the City on March 1, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition or
board-up liens, and resort taxes was filed on March 12, 2012.
31. The Bank of New York Mellon vs. Juan Rodriguez. et al.. Case No. 12-7504 CA 27
(Circuit Court -11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 558 SW 16 Terrace,
Homestead, Florida. The Summons and Complaint were served on the City on March 2,
2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition or
board-up liens, and resort taxes was filed on March 12, 2012.
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32. Regions Bank d/b/a as Regions Mortgage vs. Yesenia Leon, et al., Case No. 12-7702
CA 25 (Circuit Court -11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 800 West Avenue,
Unit 420, Miami Beach, Florida. The Summons and Complaint were served on the City
on March 5, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition or
board-up liens, will be timely filed.
33. Bank of America. N.A. vs. Nathan Finberg, et al., Case No. 12-77681 CA 21(Circuit
Court -11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 401 69th Street, Unit
512, Miami Beach, Florida. The Summons and Complaint were served on the City on
March 5, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition or
board-up liens, and resort taxes was filed on March 12, 2012.
34. JPMorgan Chase Bank, National Association vs. Edwin Resto, et al., Case No. 12-7324
CA 02 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 1250 West Avenue,
Unit 4 E, Miami Beach, Florida. The Summons and Complaint were served on the City
on March 5, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition or
board-up liens, and resort taxes was filed on March 12, 2012.
35. Regions Bank vs. Marley Domene, et al., Case No. 11-22870 CA 24 (Circuit Court-
11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 4141 Nautilus Drive,
Unit 6-J, Miami Beach, Florida. The Summons and Second Amended Complaint were
served on the City on March 5, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition or
board-up liens, and resort taxes was filed on March 12, 2012.
36. Arch Bay Holdings, LLC-Series 2010A vs. Michael Giorango, et al., Case No. 12-7102
CA 13 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 2618 Collins
Avenue, Unit 222, Miami Beach, Florida. The Summons and Complaint were served on
the City on March 5, 2012.
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The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition or
board-up liens, and resort taxes was filed on March 12, 2012.
37. Bank of America. N.A. vs. Luis D. Ramirez, et al., Case No. 12-8292 CA 42 (Circuit
Court -11 1h Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 2618 Collins
Avenue, Unit 332, Miami Beach, Florida. The Summons and Complaint were served on
the City on March 8, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition or
board-up liens, and resort taxes will be timely filed.
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