R10A-City Attorney�s Status ReportMIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
flhe City Commission ;,,. TO:
,"
FROM: Jose Smith, City Attqmey
DATE: September 12, 201£~,
SUBJECT: City Attorney's Status Report
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT
1. Citimortgaiie, Inc vs. Perry Tortorelli, et aL, Case No. 12-25745 CA 31 (Circuit
Court-11t Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 2131 Calais
Drive, #5, Miami Beach, Florida. The Summons and Complaint were served on
the City on July 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 July 17, 2012.
2. The Cit of Miami Beach a vs. Jason L. Zabaleta et al. Case No. 12-
26423 CA 21 (Circuit Court-11 Judicial Circuit in and for Miami-Dade County,
Florida)
This is an action for money damages filed on behalf of the City to recover unpaid
utility charges and City bills against Jason L. Zabaleta, the owner of the property
located at 4424 North Bay Road, Miami Beach, Florida. The Complaint was filed
on July 9, 2012 and Mr. Zabaleta was served on August 29, 2012.
3. The Bank of New York Mellon vs. Fabiana Navas! et aL 1 Case No. 12-26342 CA
22 (Circuit Court-11tfl Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 3180 Coral
Way, Unit TLL-4, Coral Gables, Florida. The Summons and Complaint were
served on the City on July 17, 2012.
The ~ity'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 23, 2012.
685
Agenda Item
Date
City Attorney's Report
September 12, 2012
Page 2
4. Bank of America, N.A. vs. Bonita S. Bona-Molina, et al.. Case No. 12-27491 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 101 78th
Street, Miami Beach, Florida. The Summons and Complaint were served on the
City on July 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 July 23, 2012.
5. U.S. Bank National Association vs. Paula Daisy Gil de Lamadri, eta!., Case No.
12-26607 CA 10 (Circuit Court-11 1n Judicial Circuit in and for Miami-Dade
County, Florida)
This is an action to foreclose a mortgage on real property located at 2601 Collins
Avenue, Unit M-5, Miami Beach, Florida. The Summons and Verified Complaint
were served on the City on July 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 July 23, 2012.
6. BankUnited, N.A. vs. Linda Graves Jelinek, et al., Case No. 12-26925 CA 10
(Circuit Court-11 ffi Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose .a mortgage on real property located at 5725 La
Gorce Drive, Miami Beach, Florida. The Summons and Verified Complaint were
served on the City on July 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 July 23, 2012.
7. Wells Fargo Bank, N.A. vs. Claudia Viola, et al., Case No. 12-27319 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 1500 Bay
Road, Unit 1204S, Miami Beach, Florida. The Summons and Verified Complaint
were served on the City on July 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 July 30, 2012.
686
City Attorney's Report
September 12, 2012
Page3
8. JPMorgan Chase Bank, National Association vs. Jorge Luis Morales, et al., Case
No. 12-27808 CA 27 (Circuit Court-11 111 Judicial Circuit in and for Miami-Dade
County, Florida)
This is an action to foreclose a mortgage on real property located at 15717 SW
80 Lane, Miami, Florida. The Summons and Complaint were served on the City
on July 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 July 30, 2012.
9. Green Tree Servicing LLC vs. Juan Garcia, et al., Case No. 12-27303 CA 21
(Circuit Court-11m Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 16611 NW
89 Place, Miami Lakes, Florida. The Summons and Complaint were served on
the City on July 20, 2012.
The City's Motion to Dismiss for More Definite Statement was filed on July 23,
2012.
10. Calchas. LLC vs. Stephanie Harris, et aL, Case No. 12-28203 CA 58 (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 1525 Lenox ,
Avenue, Unit 1, Miami Beach, Florida. The Summons and Complaint were
served on the City on July 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 July 30, 2012.
11. Residential Credit Solutions, Inc vs. Dalia Chinchilla, et al., Case No. 12-28507
CA 59 (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 1345 West
Avenue, Unit 703, Miami Beach, Florida. The Summons and Verified Complaint
were.served on the City on July 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 August 6, 2012.
687
City Attorney's Report
September 12, 2012
Page4
12. CitiMortga~e, Inc. vs. Joseph Aguirre, et al., Case No. 12-28488 CA 25 (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 401 Ocean
Drive, Unit 805, Miami Beach, Florida. The Summons and Verified Complaint
were served on the City on July 25, 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 August 6, 2012.
13. CitiMortga~e, lnc. vs. Raida Martinez, et aL, Case No. 12-28708 CA 31 (Circuit
Court-11 Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 311 NE 117
Street, North Miami, Florida. The Summons and Verified Complaint were served
on the City on July 25, 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 August 6, 2012.
14. The Bank of New York Mellon vs. Maritza Cruz, et al., Case No. 12-28775 CA 27
(Circuit Court-11tn Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 6450 Collins
Avenue, Unit 205, Miami Beach, Florida. The Summons and Verified Complaint
were served on the City on July 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 August 6, 2012.
15. U.S. Bank Trust, N.A. vs. Elena Seipel, et al., Case No. 12-29084 CA 58 (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 1445 71
Street, Miami Beach, Florida. The Summons and Verified Complaint were served
on the City on July 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 August 6, 2012.
688
City Attorney's Report
September 12, 2012
Page 5
16. JPMor an C .A vs. Bladimir Gutierrez et al. Case No. 12-28832 CA
22 (Circuit Court-11 Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 16950 W.
Dixie Highway, Unit A624, North Miami Beach, Florida. The Summons and
Verified Complaint were served on the City on August 1, 2012.
The City's Motion to Dismiss for More Definite Statement was filed on August 15,
2012.
17. Miguel 8. Lawson v. City of Miami Beach, et aL Case No. 12-22244-CIV jn the
United States District Court for the Southern District of Florida
According to the allegations of the Complaint, on the evening of June 18, 2008,
Lawson was a patron at, Mango's Tropical Cafe on Miami Beach. While on the
public sidewalk outside of Mango's Tropical Cafe, Lawson was confronted by
City of Miami Beach police officers summoned by the manager and/or owner of
the ~estaurant, including officers Philippe Archer, Neill Fagan, and Mishart
Torres. Lawson alleges that while on the public sidewalk, the officers grabbed
him and ripped the back of his shirt in the process. Although Lawson alleges that
no criminal act was committed in their presence, the officers handcuffed him,
arrested him, and threw him into the back of a police vehicle which brought him
to jail. The officers charged Lawson with: (1) Disorderly Conduct in an
Establishment; and (2) Trespass on Property. As a result of the arrest, a criminal
prosecution was initiated against Lawson in the County Court of Miami-Dade
County under case number B-08-034061. C 34. While incarcerated on June 19,
2008, Lawson was provided with a first appearance in front of the Honorable
Fred Seraphin. According to Plaintiff, Judge Seraphin found that no probable
cause existed for the arrest of Lawson and dismissed the case. The CAO has
filed a motion to dismiss the case for failing to state a cause of action. We will be
scheduling mediation to try resolving the case.
18.Navy Federal Credit Union.vs. Kevin A. Otway, et al., Case No. 12-29083 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 345 Ocean
Drive, Unit 218, Miami Beach,· Florida. The Summons and Complaint were
served on the City on August 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 August 14, 2012.
689
City Attorney's Report
September 12, 2012
Page 6
19. Robert Peri v. City of Miami Beach Case No. 12-30344 CA 23 (Circuit Court -
11th Judicial Circuit in and for Miami-Dade County, Florida)
This is the identical small claims matter reported previously, now filed in the
circuit court, 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 file a Motion to
Dismiss.
20.Miguel V. Perez Escalona v. City of Miami Beach Case No. 12-30361 CA 09
(Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
Former City of Miami Beach employee Miguel V. Perez Escalona brought this
lawsuit charging the City with vicarious liability for allegedly slanderous
statements that were made to him by his former supervisor. The City Attorney's
Office has filed a motion to dismiss the complaint, and will continue to defend the
City in this case.
21. James Eugene Sines and Evelyn Sines, his spouse v. Fontainebleau Florida
Hotek LLC., City of Miami Beach, and Florida Department of Transportation
Case No. 12-13820 CA 09 (Circuit Court-11 111 Judicial Circuit in and for Miami-
Dade County, Florida)
The City was served with this complaint on August 8, 2012 alleging that on
January 23, 2012, the plaintiff, James E. Sines, was walking on the sidewalk
along the 4400 Block of Collins Avenue in front of the Defendant, Fontainebleau
Hotel when he tripped and fell as a result of an improperly maintained Tree Pit
Assembly that had fallen into a state of disrepair and was otherwise
unreasonably dangerous. As a result, Plaintiff, James E. Sines, fell to the ground
and suffered severe injuries including a fractured hip that required surgery to
repair and an extended hospitalization. The City shall file a response to the
complaint and propound discovery to the plaintiffs.
22. Wells Fargo Bank, N.A vs. lsidor Shniadoski, et aL, Case No. 09-81293 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 4610 Alton
Road, Miami Beach, Florida. The Summons and Amended Complaint were
served on the City on August 9, 2012.
690
City Attorney's Report
September 12, 2012
Page 7 ·
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 August 13, 2012.
23. GMAC Mortgage, LLC vs. Juan R. Ortega, et al., Case No. 12-31315 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 7635 NW 14
Court, Miami, Florida. The Summons and Complaint were served on the City on
August 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 August 13, 2012.
24. Thomas Pullen v · of Miami Beach Police De t Case No. 12-31273 CA 42
(Circuit Court-11 Judicial Circuit in and for Miami-Dade County, Florida)
The City was served with this complaint on August 14, 2012 alleging that on June
1, 2011, the plaintiff, Thomas Pullen, was pulled over at the turnpike in Miami
Dade County by City of Miami Beach Officer Lincoln at gunpoint and falsely
imprisoned and falsely arrested and charged with aggravated assault on a police
officer, fleeing and eluding a police officer and tampering/destroying evidence,
which were all no auctioned by the Miami Dade State Attorney's Office. The
plaintiff is alleging humiliation, mental suffering, bodily injury, pain and suffering,
loss of earnings and loss of capacity for the enjoyment of life. We shall file our
answer and assert affirmative defenses of Officer Lincoln acting outside the
course and scope of employment and acting willfully and wantonly and in bad
faith. Discovery shall also be propounded to the plaintiff.
25. Mayeul Moulin and Guy Sabine Moulin v. Philippe Archer, Ricardo Fernandez,
Elton Dorse Gordon The Ci of Miami Beach et al, Case No. 12-
3061 0-CA 23 (Circuit Court-11 Judicial Circuit, in and for Miami-Dade County,
Florida)
Plaintiffs have alleged that they were arrested and subjected to excessive force
by Miami Beach and Hialeah officers on Miami Beach while on family vacation.
The case was filed in Miami-Dade Circuit Court. The officers will remove the
case to federal court because it alleges federal civil rights violations against
them. The City Attorney's Office will defend the City after the case is removed.
26. Bank of America, N.A. vs. Luis A. Seoane, et al., Case No. 11-30976 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 345 Ocean
Drive, Unit 702, Miami Beach, Florida. The Summons and Verified First
Amended Complaint were served on the City on August 16, 2012.
691
City Attorney's Report
September 12, 2012
Page 8
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 August 20, 2012.
27.JPMorgan Chase Bank, N.A. vs. Jorge Moreno, et al., Case No. 12-32182 CA 22
(Circ~it Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 1751
Washington Avenue, Unit 1 H, Miami Beach, Florida. The Summons and
Complaint were served on the City on August 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 August 21, 2012.
28. Kitzie Nicanor, Individually and as Parent and Natural Guardian of IVAN AYALA,
a minor · mi Beach Florida, Case No. 12-32625 CA 01 (Circuit
Court-11 Judicial Circuit, in and for Miami-Dade County, Florida)
The City was served with this complaint on August 20, 2012 alleging that on July
3, 2011, the plaintiff, Kitize Nicanor, suffered permanent injuries and her son lost
the services and comfort of her mother when Officer Derick Kuilan rode an ATV
while intoxicated and without the head lights on and struck Ms. Nicanor while she
was lawfully on the beach sometime after 5 a.m. on July 3, 2011. We shall file
our response to the complaint and propound discovery.
29. Espirito Santo Bank vs. Jaime Gaete, et al., Case No. 12-31691 CA 08 (Circuit
Court-11 ill Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 1732
Meridian Avenue, Unit 705, Miami Beach, Florida. The Summons and Verified
Complaint were served on the City on August 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 August 23, 2012.
30. Mitch Novic and Mitchell Scott Investment Group. Inc., a Florida Corporation v.
Richard Lorber, in hls capacity as Cusotdian of Records and Acting Planning and
Zonin Director of the Cit of Miami Beach a Flo · tion
Case No. 12-26893 CA 09 and 12-33553 CA 04 (Circuit Court -11 Judicial
Circuit, in and for Miami-Dade County, Florida)
These two lawsuits allege that Mr. Lorber and the City violated the Florida Public
Records Law by not allowing the inspection and copying of certain documents
and files as requested by Kent Robbins on behalf of the Plaintiffs. These
documents relate to Mr. Novick's desire to transfer floor area from two adjoining
692
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City Attorney's Report
September 12, 2012
Page 9
properties to build a rooftop addition to the Sherbrooke Apartments, through the
use of a covenant in lieu of unity of title. The Planning Director had determined
that the City Charter and Code do not permit such use of the covenant. Mr.
Novick has appealed the Director's determination to the Board of Adjustment,
and the documents requested will show how such covenants have been
approved previously. The City Attorney's Office will defend the lawsuits, as no
violations of the Public Records law have occurred.
31. Bank of America, N.A. vs. Daniel Depina, et al., Case No. 12-33531 CA 28
This is an action to foreclose a mortgage on real property located at 1460 Ocean
Drive, Unit 301, Miami Beach, Florida. The Summons and Complaint were
served on the City on August 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 will be timely filed.
32. State Farm Mutual Automobile Insurance Com an a/s/o Kata a Barran v.
The Cit}( of Miami Beach, Case No. 11-18277-SP-05 (Circuit Court-11 Judicial
Circuit in and for Miami-Dade County, Florida)
The City was served with this complaint on August 29, 2012 alleging that on
August 5, 2010, Katarzyna Baran, owned and operated a motor vehicle on the
roadway at 5th Avenue in Miami Beach and said vehicle was insured by
subrogee, State Farm Insurance. The vehicle was damaged as a result of an
uncovered manhole at 51h Avenue on the date in question. State Farm paid
$3,773. 79, for the damages which included a $500 deductible from the subrogor.
State Farm is suing to recover that sum, plus the costs of bringing the lawsuit.
We shall file our answer to the complaint and propound discovery.
JS:Ir
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