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
FROM: Jose Smith, Cit
DATE: May 9, 2012
SUBJECT: City Attorney's Status Report
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT
1. Flagstar Bank, FSB vs. Ana Vega, et al., Case No. 12-12667 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 8330 NW
103 Street, Unit 1 04-B, Hialeah Gardens, Florida. The Summons and Complaint
were served on the City on April 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 April 5, 2012.
2. Deutsche Bank National Trust vs. Carlos A. Diaz, et al., Case No. 12-12987 CA
40 (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 2016 Bay
Drive, Unit 308, Miami Beach, Florida. The Summons and Complaint were
served on the City on April 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 April10, 2012.
3. Yadira Reyeros vs. City of Miami Beach, et al., Case No. 12-12661 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 6345 Collins Avenue,
Unit 842, Miami Beach, Florida. The Summons and Complaint were served on
the City on April 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 April17, 2012.
429
Agenda Item RIO/+
Date s--1 -I ~
City Attorney's Report
May 9, 2012
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4. Deutsche Bank National Trust vs. Joshua Kremer. et al., Case No. 12-13646 CA
05 (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 1595 71
Street, Miami Beach, Florida. The Summons and Complaint were served on the
City on April 6, 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 April 10, 2012.
5. Wells Fargo Bank, N.A. vs. Robert Scott Fuller. et aL, Case No. 12-12892 CA 05
(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 1390 Ocean
Drive, Unit 103, Miami Beach, Florida. The Summons and Complaint were
served on the City on April 6, 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 April 10, 2012.
6. Bank of America. N.A. vs. Henry Garcia. et al., Case No. 12-12588 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 at 7 400
Hawthorne Avenue, Miami Beach, Florida. The Summons and Complaint were
served on the City on April 6, 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 April10, 2012.
7. Wells Fargo Bank, N.A. vs. Anabel Verez Maldonado, et al., Case No. 12-13664
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 5255 Collins
Avenue, Unit 8-C, Miami Beach, Florida. The Summons and Complaint were
served on the City on April 6, 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 April 10, 2012.
430
City Attorney's Report
May 9, 2012
Page3
8. Ana Santos Birch v. City of Miami Beach, Case No. 12-12369 CA 13 (Circuit
Court-11th Judicial Circuit in and for Miami Dade County)
The City was served with this complaint on April 10, 2012 alleging that on July
30, 2010, the plaintiff, Ana Santos Birch, tripped and fell down the steps outside
the City of Miami Beach Police Department on her way into the police station.
She is alleging injuries as a result of the fall and is also alleging that the stairs in
front of the police station were negligently maintained by the City. We shall file
our answer to plaintiff's complaint and propound discovery to plaintiff.
9. Nationstar Mortga~e LLC vs. Gioia Giunta. et al., Case No. 12-13526 CA 30
(Circuit Court-11r Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 225 Collins
Avenue, Unit 5L, Miami Beach, Florida. The Summons and Complaint were
served on the City on April 11, 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 April 16, 2012.
10.Adriana Chaves v. City of Miami Beach, Case No. 12-13926 CA 24 (Circuit Court
-11th Judicial Circuit in and for Miami Dade County)
The City was served with this complaint on April 11, 2012 alleging that on
January 11, 2011, the plaintiff, Adriana Chaves, was walking on the sidewalk in
front of the Bank of America at 7474 Collins Avenue in Miami Beach when she
stepped on an uneven surface between the sidewalk and the steps in front of the
premises, allegedly causing her to fall and sustain injuries. She is suing the City
and Bank of America for negligently maintaining the area. We shall file our
response to the complaint and propound discovery.
11. U.S. Bank National Trust Association vs. lvor Hano Rose. et al., Case No. 09-
47944 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 1800
Michigan Avenue, Miami Beach, Florida. The Summons and Verified Third
Amended Complaint were served on the City on April16, 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 April 17, 2012.
431
City Attorney's Report
May 9, 2012
Page4
12. HSBC Bank, USA, N.A. vs. lvor Hano Rose, et al., Case No. 08-80371 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 1827
Michigan Avenue, Miami Beach, Florida. The Summons and Verified Third
Amended Complaint were served on the City on April16, 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 April17, 2012.
13.Deutsche Bank National Trust vs. Maurisio Rios, et al., Case No. 12-14299 CA
30 (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 11631 SW
181 Street, Miami, Florida. The Summons and Verified Complaint were served
on the City on April17, 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 April19, 2012.
14.Bank of America, N.A. vs. Yves R. Barroukh, et al., Case No. 12-14814 CA 15
(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 3339
Virginia Street, Unit 104, Coconut Grove, Florida. The Summons and Verified
Complaint were served on the City on April 18, 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 April 24, 2012.
15.American Home Mortgage Servicing, Inc. vs. Diego Raul Michanie, et al., Case
No. 08-034479 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 4571 Alton
Road, Miami Beach, Florida. The Summons and Verified First Amended
Complaint were served on the City on April 18, 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 April 24, 2012.
432
City Attorney's Report
May9, 2012
Page5
16.The Bank of New York Mellon vs. David Pio Ferrer, et al., Case No. 12-15014 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 2899 Collins
Avenue, Unit 542, Miami Beach, Florida. The Summons and Verified Amended
Complaint were served on the City on April 19, 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 April 24, 2012.
17.Bank of America, N.A. vs. Juana C. Grana, et al., Case No. 12-14884 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 2899 Collins
Avenue, Unit 406, Miami Beach, Florida. The Summons and Verified Amended
Complaint were served on the City on April 19, 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 April 24, 2012.
18. Henry lsasi v. Mercedes Carcasses, Thamyris Cardelle and the City of Miami
Beach Case No. 12-14681 CA 32 (Circuit Court-11th Judicial Circuit in and for
Miami-Dade County, FL
This is an action filed against the City, a police officer and a code compliance
officer for false arrest after the plaintiff was arrested for threatening the safety of
the code compliance officer. The City is defending the action.
19.Bank of America, N.A. vs. Elena Caro, et al., Case No. 12-15473 CA 15 (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 3425 Collins
Avenue, Unit 629, Miami Beach, Florida. The Summons and Verified Amended
Complaint were served on the City on April 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 April 25, 2012.
20. Bank of America, N.A. vs. Reinier Acevedo, et al., Case No. 12-15585 CA 31
(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 5601 Collins
Avenue, Unit 1612A, Miami Beach, Florida. The Summons and Verified
Amended Complaint were served on the City on April24, 2012.
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City Attorney's Report
May 9, 2012
Page 6
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 April 25, 2012.
21. Adele Wirtheimer and Alexander Wirthimer v. City of Miami Beach, Case No. 12-
15904 CA 25 (Circuit Court-11th Judicial Circuit in and for Miami Dade County).
The City was served with this complaint on April 25, 2012 alleging that on
Janua~ 25, 2010, the plaintiff, Adele Wirtheimer, tripped and fell on the sidewalk
of 42n Street and Collins Avenue in the City of Miami Beach while she was
walking on the sidewalk. She fell due to an uneven and broken section of the
sidewalk in question. She is alleging injuries and consortium damages due to her
fall. We shall file our usual answer and propound discovery to the plaintiffs.
22. John D. Westley v. City of Miami Beach, et al Case No. 2011 CV 3704NE-JSM
(United States District Court for the District of Minnesota)
This is a pro-se federal lawsuit filed in Minnesota against the City, Max Sklar, and
a number of defendants, including Michael Tilson Thomas and Miami-Dade
Circuit Court Judge Victoria Sigler. The case alleges various inappropriate
actions regarding property located on Lincoln Road. The City and Max Sklar
have moved to dismiss the case through local counsel in Minnesota, for lack of
personal jurisdiction. The motion has been heard by a Magistrate Judge who will
be issuing a recommendation.
JS/Ir
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