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: Jose Smith, City Att
DATE: July 18, 2012
SUBJECT: City Attorney's Status Report
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT
1. Robert Peri v. City of Miami Beach, Case No.: 12-10160 SP 05 (Circuit Court-
11th Judicial Circuit in and for Miami-Dade County, Florida)
This is a small claims matter, involving the sale (illegal vending) of non-alcoholic
beverages by Robert Peri (the "Plaintiff') in various locations throughout the City
of Miami Beach. The Plaintiff has alleged that the City of Miami Beach
negligently deprived him of the monetary benefit surrounding the use of Plaintiff's
personal property based upon, Plaintiff's misdemeanor arrest for soliciting
business upon the City of Miami Beach's property in violation of Sections 74-1
and 82-1 of the Miami Beach Code. The Plaintiff has alleged that the Miami
Beach Police Department, in conjunction with the arrest of the Plaintiff,
improperly seized as evidence the Plaintiff's bicycle and cooler, which was
utilized for the illegal vending activities in the City of Miami Beach. The
allegations against the City of Miami Beach are without merit, and the City
Attorney's Office will filing a Motion to Dismiss.
2. U.S. Bank. N.A. vs. Carlos Lopez. et al., Case No. 12-20357 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 6331-33 SW
80 Street, Miami, Florida. The Summons and Complaint were served on the City
on May 30, 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 May31, 2012.
3. As Lily, LLC vs. Aloiette Gonzalez. et al., Case No. 09-36569 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 6969 Collins
Avenue, Unit 314, Miami Beach, Florida. The Summons and Verified Amended
Complaint were served on the City on May 29, 2012.
Agenda Item BIOA
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City Attorney's Report
July 18, 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 June 5, 2012.
4. Onewest Bank. F.SB. vs. Elena Marshall. et al.. Case No. 12-20827 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 7149 Bay
Drive, Unit 8, Miami Beach, Florida. The Summons and Complaint were served
on the City on June 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 June 5, 2012.
5. The Bank of New York Mellon vs. Luis Rivera. et al., Case No. 12-20883 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 1700 W 58th
Street, Unit 7, Hialeah, Florida. The Summons and Complaint were served on the
City on June 4, 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 June 6, 2012.
6. Rita Mohi-Stone v. City of Miami Beach, Case# 12-21440 CA 21(Circuit Court-
11th Judicial Circuit in and for Miami Dade County).
The City was served with this complaint on June 7, 2012 alleging that on
December 28, 2009, the plaintiff, fell on the sidewalk at 1100 Fairway Drive, in
Miami Beach, Florida as a result of the deterioration of the above referenced
sidewalk that led to significant changes in the elevation that were in violation of
the Florida Building Code. Plaintiff is alleging injuries and pain and suffering as a
result of the fall. We shall file our answer and propound discovery to the plaintiff.
7. Bawiew Loan Servicing, LLC vs. Margarita Z. Yuhico. et al., Case No. 12-20518
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 8321 Crespi
Boulevard, Miami Beach, Florida. The Summons and Complaint were served on
the City on June 7, 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 June 12, 2012.
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City Attorney's Report
July 18, 2012
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8. Onewest Bank. FSB vs. Ramon Perez. et al.. Case No. 12-21749 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 442 NW 7
Avenue, Homestead, Florida. The Summons and Complaint were served on the
City on June 12, 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 June 14, 2012.
9. Rachel Grover v. City of Miami Beach, Case# 12-22417 CA 42(Circuit Court-
11th Judicial Circuit in and for Miami Dade County).
The City was served with this complaint on June 13, 2012 alleging that on
December 31, 2010, the plaintiff, being five (5) months pregnant, was walking
along 939 W. 47th Court when she tripped and fell due to a significant
unexpected, uneven rise in the sidewalk. Plaintiff is alleging that the City of Miami
Beach is responsible for maintaining and repairing said sidewalk. The plaintiff is
also alleging injuries, pain and suffering as a result of the fall. We shall file our
answer to plaintiff's complaint and propound discovery to plaintiff.
10.The Bank of New York Mellon vs. Adil Benjelloun. et al.. Case No. 12-21819 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 5640 Collins
Avenue, Unit 4D, Miami Beach, Florida. The Summons and Complaint were
served on the City on June 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 June 19, 2012.
11. Cedrick Perkins. Carlson Saint Louis and Marcelline Azor as Proposed Personal
Representative of the Estate of Raymond Herisse. deceased v. City of Hialeah
and City of Miami Beach. Florida Municipal Corporation Case No. 12-22621
CA42 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This lawsuit pertains to the shootings which took place during Memorial
Weekend of 2011. Cedrick Perkins, Carlson Saint Louis, and Marcelline Azor, as
Proposed Personal Representative of the Estate of Raymond Herisse, deceased
(the "Plaintiffs") have filed a four (4) count Complaint against the City of Miami
Beach and the City of Hialeah, which has alleged causes of action founded upon
the failure to disclose public records pursuant to the Florida Public Records Act.
The Plaintiffs Complaint seeks Injunctive Relief, and in the alternative, the
issuance of a Writ of Mandamus against the City of Miami Beach and the City of
Hialeah for the production of those active criminal investigative documents. The
Complaint fails to properly allege each and every element necessary for
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City Attorney's Report
July 18, 2012
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Injunctive Relief, or a legal basis upon which to issue a Writ of Mandamus, and in
that regard, the City of Miami Beach has filed a Motion to Dismiss the matter.
The City Attorney's Office shall vigorously defend the lawsuit.
12.Nationstar Mortga~e LLC vs. Ricardo D. Garcia. et al., Case No. 12-22323 CA 31
(Circuit Court-11 h 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 736, Miami Beach, Florida. The Summons and Complaint were
served on the City on June 20, 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 June 21, 2012.
13. Bank of America. N .A. vs. Jose Mendez. et al.. Case No. 11-42493 CA 1 0
(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 423, Miami Beach, Florida. The Summons and
Amended Complaint were served on the City on June 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 June 26, 2012.
14.Bank of America. N.A. vs. Vanna 0. Stringo. et al.. Case No. 12-10795 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 1 00 Lincoln
Road, PH14, Miami Beach, Florida. The Summons and Complaint were served
on the City on June 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 June 26, 2012.
15. Federal National Mortgage Association vs. Gordon W. Troise. et al.. Case No.
12-23958 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 731 6th
Street, Unit 205, Miami Beach, Florida. The Summons and Complaint were
served on the City on June 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 June 28, 2012.
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City Attorney's Report
July 18, 2012
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16.JPMorgan Chase Bank. N.A. vs. Zolia Lily Marchena. et al., Case No. 12-24626
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 642 Michigan
Avenue, Unit 4, Miami Beach, Florida. The Summons and Verified Complaint
were served on the City on June 28, 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 July 3, 2012.
17.Bank of America. N.A. vs. Zoila Suarez. et al., Case No. 12-24906 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 11283 SW
230 Terrace, Miami, Florida. The Summons and Complaint were served on the
City on June 28, 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 July 3, 2012.
18.Deutsche Bank National Trust vs. Maria Garcia, et al., Case No. 12-25455 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 3702 SW
153 Place, Miami, Florida. The Summons and Complaint were served on the City
on July 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 will be timely filed.
JS:Ir
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