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 Mem!fe'r~ of the City Commission
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FROM: Jose Smith, City ~ttorney I
DATE: December 12, 20 .......... ····
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SUBJECT: City Attorney's Stat
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT
1. JPMorgan Chase Bank, N.A. vs. Francisco A. Loureda et al.. Case No. 12-43070
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 8521 Grand
Canal Drive, Miami, Florida. The Summons and Verified Complaint were served
on the City on November 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 was filed on November 16, 2012.
2. L v. Cit of Miami Beach Case No. 14-44076 CA 23 (Circuit Court
Judicial Circuit in and for Miami-Dade County, Florida)
Former MBPD officer Agustin Latorre resigned in 2008 after he was found to be
in possession of illegal drugs. He now alleges that his resignation was a contract
with the City that it would not report his actions to the Criminal Justice Standards
and Training Commission, (CJSTC) and that the City violated that agreement by
doing so. After prevailing at the CJSTC (and thus keeping his police state
certification), Plaintiff now sues the City in an action to rescind his "contract" and
thus nullify his resignation. The City has been served and the City Attorney's
Office will vigorously defend the suit.
3. The Estate of Hatuey Elizagarte v. City of Miami Beach and Miami -Dade Count~
Unsafe Structures Board Case No. 12-194444 CC05 (Circuit Court-11t
Judicial Circuit in and for Miami-Dade County, Florida)
This case appears to be one for injunctive relief against both the City of Miami
Beach and the Miami-Dade County Unsafe Structures Board for a demolition
order entered by that Board on May 21, 2012 for the structure located on1779
Marseille Drive. The County has filed a motion to dismiss. The City will be filing
a similar motion to dismiss, as this case was recently served on the City.
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City Attorney's Report
December 12, 2012
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4. C N.A. vs. Rene C. Ma audon et al. Case No. 12-44941 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 1764
Cleveland Road, Miami Beach, Florida. The Summons and Complaint were
served on the City on November 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 will be timely filed.
5. Nationstar Mort a C vs. Maria Castadena et aL Case No. 12-44982 CA 13
(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 1550 NE
1914 Street, Unit 302, North Miami Beach, Florida. The Summons and Verified
Complaint were served on the City on November 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 will be timely filed.
6. Alba P each, Case No. 12-40922 CA 31 (Circuit Court-
11 Judicial Circuit in and for Miami Dade County).
The City was served with this complaint on November 21, 2012 alleging that on
December 3, 2009 (the complaint states December 3rd 20009 while the Fire
rescue report indicates the date of accident as December 8, 20009), the plaintiff,
Alba Pagliari, while walking on the sidewalk (Fire rescue report says it occurred
at or near a fountain wherein the plaintiff slipped on a curb and fell onto a grassy
median) at 71st Street and Normandy Drive on Rue Vendome Drive fell when she
tripped over a concrete block which allegedly protruded up from the rest of the
blocks in said sidewalk and as a result allegedly caused fracture of her right
shoulder and injury and abrasions to her right knee. We shall file our response
and propound discovery to the plaintiff.
7. The on vs. · uez et aL Case No. 12-45186
CA 24 (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 4293 NE 10
Ct, Homestead, Florida. The Summons and Verified Complaint were served on
the City on November 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 will be timely filed.
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City Attorney's Report
December 12, 2012
Page3
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8.
This is an action to foreclose a mortgage on real property located at 1 00 Lincoln
Road, Unit 810, Miami Beach, Florida. The Summons and Verified Complaint
were served on the City on November 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 will be timely filed.
9. US Bank National Association vs. Carmen Adelfa Fernandez, et al., Case No.
12-45310 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 7701 SW
132 Court, Miami, Florida. The Summons and Verified Complaint were served on
the City on November 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 will be timely filed.
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