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
FROM: Jose Smith, City Atto
DATE: June 6, 2012
SUBJECT: City Attorney's Status Report
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT
1. Aqua Master Association. Inc. vs. lmer Mata. et al., Case No. 12-16097 CA 20 (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 at 213 Ari
Way, Miami Beach, Florida. The Summons and Complaint were served on the City on
April 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 May 3, 2012.
2. Anna Gomez, as Personal Representative for the Estate of Angel Gomez vs. City of
Miami Beach, et al. Case No. 08-47680 CA 08 (Circuit Court-11th Judicial Circuit In and
for Miami Dade County).
The City was served with this complaint on April 26, 2012 alleging that on May 28, 2010,
the decedent, Angel J. Gomez, while walking with his wife along the sidewalk and
surrounding area adjacent to the Santa Barbara Hotel, and the property owned by 1920
Collins Realty LLC, came to an area which had been flooded. While attempting to
negotiate around the standing water, Angel J. Gomez, lost his footing, either slipping on
the dangerous condition caused by the standing water run-off, and/or the condition of the
sidewalk, and fell, striking his head and subsequently died. They are suing the City and
the adjacent property owners, Santa Barbara Apartments, LLC, and 1920 Collins Realty,
LLC for wrongful death. We shall file our answer to the complaint and propound
discovery to the plaintiff.
3. Luis Almonte v. City of Miami Beach, Case No. 12-12755 CA 31 (Circuit Court-11th
Judicial Circuit in and for Miami Dade County).
The City was served with this complaint on April 27, 2012 alleging that on July 3, 2011,
the plaintiff, Luis Almonte, was injured when Officer Derick Kuilan, while on duty and
within the course and scope of his employment, was operating an A TV with the
knowledge and consent of the City of Miami Beach. While it was still dark at or near the
sand at Fourth Street on South Beach, he negligently operated and/or maintained the
A TV and ran over and injured the plaintiff, Luis Almonte, along with another beachgoer,
who were walking on the beach at the time.
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Plaintiff is suing the City and Officer Kuilan individually. The complaint also alleges that
the officer was intoxicated while operating the ATV and that the City did not adequately
train, instruct and supervise Officer Kuilan. We shall file our answer to the complaint and
propound discovery.
4. EUA Real Estate, LLC vs. Luis A. Salgado et al., Case No. 12-17699 CA 30 (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 909,
Miami Beach, Florida. The Summons and Complaint were served on the City on May 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 May 21, 2012.
5. The Bank of New York Mellon Trust Company vs. Beverly J. Tarnow, et al., Case No.
12-17447 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 819 2nd Street,
Miami Beach, Florida. The Summons and Complaint were served on the City on May 9,
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 May 10, 2012.
6. Bank of America, N.A. vs. Ocean Point Association, Inc., et al., Case No. 10-12245 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 1026, Miami Beach, Florida. The Summons and First Amended Complaint were
served on the City on May 9, 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 May 10, 2012.
7. Principal Lenders Group, Inc. vs. Oscar Sanchez, et al., Case No. 12-17077 CA 42
(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 367 NW 7 Street,
Miami, Florida. The Summons and Complaint were served on the City on May 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 May 23, 2012.
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City Attorney's Report
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8. Digna C. Mesa vs. City of Miami Beach, and Miami Dade County Case # 12-18276
CA01 (Circuit Court -11th Judicial Circuit In And For Miami Dade County).
The City was served with this complaint on May 11, 2012 alleging that on February 14,
2009, the plaintiff, Digna C. Mesa, fell on the sidewalk at West Avenue and 11th Street,
Miami Beach, because the side walk was uneven. He alleges that the sidewalk is owned
by the co-defendants in the suit. He also alleges that he was injured as a result of the fall
and is seeking damages. We shall file our answer and propound discovery.
9. LeaseFiorida 5th St., LLC. vs. Plaza Hotel, LLC et al.. Case No. 12-18755 CA59 (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 418 -426 Meridian
Avenue, Miami Beach, Florida. The Summons and Complaint were served on the City
on May 15, 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.
10. Bank of America, N.A. vs. Guillermo Torres et al., Case No. 12-19051 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 552 Euclid Avenue,
Unit 9, Miami Beach, Florida. The Summons and Complaint were served on the City on
May 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 May 23, 2012.
11. Sandra Burton vs. City of Miami Beach. Case No. 12-18152 CA 08 (Circuit Court-11th
Judicial Circuit in and for Miami Dade County).
The City was served with this complaint on May 17, 2012 alleging that on August 30,
2011, the plaintiff, Sandra Burton, parked her vehicle at the public parking garage owned
by the City of Miami Beach at Lincoln Road and Pennsylvania Avenue in Miami Beach,
Florida. After she parked her car at said garage, she was walking on a walkway exiting
the garage when she tripped and fell due to a negligent condition in an area used by
pedestrians exiting the premises of the parking garage. The negligent condition was
indicated as hidden and uneven area in the pedestrian walkway, failure to provide safe
walking conditions for users of the garage, leaving an unmarked, hidden step in a
pedestrian walkway and failure to warn users of the garage of a dangerous and hidden
defect in pedestrian walkways.
The plaintiff is alleging injuries, pain and suffering, loss of earnings, loss of ability to earn
money and aggravation of a previously existing condition which are permanent and
continuing in nature. We shall file our answer and propound discovery to the plaintiff.
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12. Bank of America, N.A. vs. Carlos A. Hernandez, et al., Case No. 10-43925 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 1021 Calife Street,
Opa Locka, Florida. The Summons and Verified Amended Complaint were served on the
City on May 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 May 23, 2012.
13. New York Community Bank vs. Guillermo Gasparini, et al., Case No. 12-19109 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 552 Euclid Avenue,
Unit 9, Miami Beach, Florida. The Summons and Complaint were served on the City on
May 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 May 24, 2012.
14. Deutsche Bank National Trust Company vs. Barbara Fernandez. et al., Case No. 12-
18947 CA 32 (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 9135 SW 125
Avenue, Unit 205-P, Miami, Florida. The Summons and Complaint were served on the
City on May 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 will be timely filed.
15. Florida Capital Bank, N.A. vs. Prema, LLC, et al., Case No. 11-17438 CA 03 (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 1615 NE Miami
Place, Miami, Florida. The Summons and Complaint were served on the City on May 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 will be timely filed.
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