R10A-City Attorney�s Status ReportMl MIBE
C::ity of Miomi Becu::h, 1700 Convention Center Drive, Miami Beach, Florida 33139,
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members the City Commission
FROM: Jose Smith, City
SUBJECT: City Attorney's Status Report
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT
1. N.A vs. Giuse e Cavalieri et aL Case No. 12-34431 CA 23
Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 1800 Collins
Avenue, Apt 9D, Miami Beach, Florida. The Summons and Complaint were
served on the City on August 30, 201
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 September 6, 2012.
2. Roberto Alvarez vs. Ci of Miami Beach, Case No. 12-31656 CA 22 (Circuit
Court-11 Judicial Circuit in and for Miami Dade County).
The City was served with this complaint on August 30, 2012 alleging that on
October 4th 2010, the plaintiff, Roberto Alvarez, on the sidewalk of Dickens
Avenue between 72nd Street and 73rd Street in Miami Beach, Florida as a result
an uneven pavement and sustained serious personal injury (primarily knee
meniscus tear). The plaintiff submitted an affidavit from witness, Elias Estopinian,
who allegedly saw him fall, our investigators were unable to locate said
witness. We shall file our answer to the complaint and propound discovery to the
plaintiff.
Pacific National Bank, a National Banking Association. vs. Jorge E. Rodriguez, et
_eL Case No. 12-34088 CA 04 (Circuit Court -11 fh Judicial Circuit in and for
Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 1 0700 SW
108 Avenue, Unit C-112, Miami, Florida. The Summons and Verified Complaint
were served on the City on September 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 September 10, 2012.
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City Attorney's Report
October 24, 2012
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4. Bank of America, N.A. vs. Christian Ruiz et aLl Case No. 12-17546 CA 10
(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 2016 Bay
Drive, Unit 307, Miami Beach, Florida. The Summons and Complaint were
served on the City on September 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 September 10, 2012.
5. LNV Co ration vs. Mitchell Mant et al. Case No. 12-35601 CA 11 (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 2250 Bay
Drive, Unit Miami Beach, Florida. The Summons and Complaint were served
on the City on September 12, 201
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 September 19, 201
6. Adalee Martin vs. C of Miami Beach and Derek Kuilan, Case # 12-34690 CA
27 (Circuit Court-11 Judicial Circuit in and Miami Dade County).
The City was served this complaint on September 13, 2012 alleging that on
July 3, 2011, the plaintiff, Adalee Martin, was injured when she was thrown off a
City issued ATV driven by City of Miami Beach Officer, Derek Kuilan, without
head lights and while Officer Kuilan was legally intoxicated. It was further alleged
that the A TV ran into two other individuals on the beach before the plaintiff was
thrown The accident occurred about 5 a.m. on the beach. We shall file our
answer to the complaint and assert affirmative defenses that the Officer was not
acting under the course and scope of his employment and was not negligently
supervised and in the event that he was, the negligent supervision was not the
proximate cause of the accident. We shall also propound discovery to the
plaintiff.
7. Barbara Pergament vs. City of Miami Beach and FDOT, Case No. 12-3467 CA
27 (Circuit Court-11th Judicial Circuit in and for Miami Dade County).
The City was served with this complaint on September 13, 2012 alleging that on
November 30, 2011, the plaintiff, Barbara Pergament, was walking along the
south side of 71 Street, a/k/a SR 934, east of Byron Avenue and west of Abbot
Avenue in the City of Miami Beach when she tripped as a result of a broken,
cracked and uneven sidewalk and fractured her left elbow which required
surgery. We shall file our answer to the complaint and propound discovery to the
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City Attorney's Report
October 24, 2012
Page3
8. The Bank of New York vs. Diego Raul Michanie, et aLl Case No. 12-35880 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 7590
Bayside Lane, Miami Beach, Florida. The Summons and Complaint were served
on the City on September 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 September 25, 2012.
9. Ma Wertheim vs. Ci of Miami Beach, Case No. 08-35916 CA 10 (Circuit
Court-11 Judicial Circuit in and for Miami Dade County).
The City was served with this complaint on September 13, 2012 alleging that on
July 3, 2011, the plaintiff, Mary Wertheim, fell on the sidewalk of 101 Washington
Avenue, Miami Beach, FL 33139 due to the City's failure to properly maintain the
said sidewalk. Plaintiff is alleging physical injuries, lost wages and pain and
suffering. Fire rescue report of the incident indicates that the plaintiff complained
of and was treated for left arm pain without swelling and bruising as a result of
the faiL We shall file our answer to the complaint and propound discovery.
10. Wells Far Bank N.A vs. Candido Rodri et aL Case No. 12-36910 CA 15
(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 6385 W 27
Avenue, Unit 21-3, Hialeah, Florida. Summons and Complaint were served
on the City on September 21, 2012.
The City's Motion to Dismiss was filed on September 24, 2012.
11. Bank of America N.A. vs. Paula Ivers et aL Case No. 12-36715 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 7 4 7
Michigan Avenue, Unit 201, Miami Beach Florida. The Summons and Complaint
were served on the City on September 21, 201
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 September 24, 201
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City Attorney's Report
October 24, 2012
Page4
12. Wells Fargo Bank, N.A. vs. The Unknown Spouse, Heirs, Devisees, Grantees,
Assignees, Lienors, Creditors, Trustees and all others who may claim an interest
i Case No. 12-37042 CA 08 (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 1620 West
Avenue, Unit 306, Miami Beach, Florida. The Summons and Complaint were
served on the City on September 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 September 24, 2012.
13.Loida Colon vs. City of Miami Beach, Case No. 12-37404 CA 06 (Circuit Court-
11th Judicial Circuit in and for Miami Dade County).
The City was served with this complaint on September 26, 2012 alleging that on
April 15, 2011, the plaintiff, Loida Colon, stepped into a hole in the grassy median
which bordered the sidewalk in front of 1508 Bay Road, Miami Beach, Miami
Dade County, Florida. It is alleged that she was walking across the grassy
median to reach her vehicle parked in the street side of the median when she
was caused to violently in the said uncovered hole and spraining her right
knee. She alleges that this is a cable hole that was left uncovered thereby
causing a hazardous condition for pedestrians traversing the area. We shall file
our answer and propound discovery to the plaintiff.
14.Nav Federal Credit Union v. Claudi Casso ol. Case No. 12-10461 CA 27
(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 851 NE
20ih Terrace, #6-204, North Miami Beach, Florida. The Summons and
Complaint were served on the City on September 27, 201
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 October 3, 2012.
15.JPM an Chase Bank N.A. vs. Pedro P. Hevia Case No. 12-38476 CA 02
(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 2016 Bay
Drive, Unit 406, Miami Beach, Florida. The Summons and Verified Complaint to
Foreclose Mortgage were served on the City on October 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 October 10, 2012.
697
City Attorney's Report
October 24, 2012
Page5
16. Vladimir Romanov vs. Edgard A. Rodriguez and City of Miami Beach, Case No.
12-37102 CA 01(Circuit Court -11th Judicial Circuit in and for Miami Dade
County).
The City was served with this complaint on October 10, 2012 alleging that on
September 21, 2008, the plaintiff, Vladimir Romanov, was struck and injured
when he was struck by a City of Miami Beach vehicle driven by co-defendant,
Edgard A. Rodriguez, a City employee. The plaintiff was struck while he was
allegedly resting by a palm tree in Lummus Park in Miami Beach. We shall file a
motion to dismiss the complaint against co-defendant, Rodriguez if he is not
voluntarily dropped by the plaintiff. We will file our usual answer to the complaint
and propound discovery to the plaintiff.
17. The Bank of New York Mellon vs. Mark Perun, Case No. 12-38476 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 1605
Daytonia Road, Miami Beach, Florida. The Summons and Verified Complaint
were served on the City on October 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 will be timely filed.
18. Jerome Berman vs. Global trum
12-39361 CA 27 (Circuit Court -11
County, Florida)
and Cit of Miami Beach Case No.
Judicial Circuit in and for Miami-Dade
The City was served with this complaint on October 11, 2012 alleging that on
October 16, 2011, the plaintiff, Jerome Berman, was injured when he slipped and
fell on a wet and slippery area on the terrazzo floor while he was a business
invitee at the Miami Beach Convention and Conference Center. He is also suing
Global Spectrum, the managers of the Convention Center. We shall forward a
letter requesting representation and indemnification from Global Spectrum and
will file our answer to the complaint and propound discovery to the plaintiff.
JS/EB/SR/Ir
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