R10A-City Attorney�s Status Reportm 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: April11, 2012
SUBJECT: City Attorney's Status Report
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT
1. Regions Bank dba Regions Mortgage vs. Ricardo A. Burgos, et al., Case No.
12-08722 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 100 Lincoln
Road, Unit 438, Miami Beach, Florida. The Summons and Complaint were
served on the City on March 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 March 21, 2012.
2. Federal National Mortgage vs. Benjamin Haplern, et al., Case No. 12-08829 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 at 4925 Collins
Avenue, Unit 58, Miami Beach, Florida. The Summons and Complaint were
served on the City on March 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 March 12, 2012.
3. Mayda Salgado vs. City of Miami Beach, et al., Case No. 12-08482 CA 05
(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 March
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 March 21, 2012.
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4. Sarah Garcia and Joshua Alford v. City of Miami Beach, Case #12-8917 CA13
(Circuit Court-11th Judicial Circuit in and for Miami Dade County)
The City was served with this complaint on March 19, 2012 alleging that on May
30, 2011, the plaintiff, Sarah Garcia, was an innocent bystander when she was
shot twice by City of Miami Beach Police officers by negligently placed gunfire by
aiming incorrectly and/or failed to use a safe back stop so that plaintiff was
injured. Plaintiffs are suing for bodily injury, pain and suffering and loss of
consortium. It should be noted that plaintiffs did not allege compliance with Fla.
Stat. 768.28 notice requirement and neither did they provide any consortium
notice letter to the City. We shall file our answer to the compliant, assert
affirmative defenses of non-compliance with notice and consortium notice and
propound discovery to the plaintiff.
5. Bank of America, N.A. vs. Hildemar Felipe, et al., Case No. 12-09750 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 345 Ocean
Drive, Unit 209, Miami Beach, Florida. The Summons and Complaint were
served on the City on March 16, 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 21, 2012.
6. Wells Fargo Bank. N.A. vs. James J. Mundy, et al.. Case No. 12-10628 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 345 Ocean
Drive, Unit 1121, Miami Beach, Florida. The Summons and Complaint were
served on the City on March 26, 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 28, 2012.
7. Bayview Loan Servicing, LLC vs. Luis Rivera-Montero. et al., Case No. 12-11038
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 at 6801 Indian
Creek Drive, Unit 705, Miami Beach, Florida. The Summons and Complaint were
served on the City on March 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 April 2, 2012.
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City Attorney's Report
Apri/11, 2012
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8. Wells Fargo Bank, N.A. vs. Norma Cobas as Trustee, etc., et al., Case No. 12-
11475 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 1043 NW 22
Street, Unit 1, Miami, Florida. The Summons and Complaint were served on the
City on March 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 April 2, 2012.
9. Elijo 1 Company LLC. vs. Jose Urrea, et al., Case No. 12-11602 CA 06 (Circuit
Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to quiet title on real property located at 1688 West Avenue, Unit
201, Miami Beach, Florida. The Summons and Complaint were served on the
City on March 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 will be timely filed.
JS/Ir
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