R10A-City Attorney�s Status Reporttr:a MIAMI BEACH "'="'
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, WVvW.miamibeachfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT: City Attorney's Status Report
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT
1. Bank of America, N.A. vs. Juan Pedro Gonzalez et al., Case No. 12-50551 CA
09 (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 6345 Collins
Avenue, Unit 624, Miami Beach, Florida. The Summons and Complaint were
served on the City on January 9, 2013.
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 January 9, 2013.
2. Nationstar Mortgage LLC vs. Youssef A. Dekmak et al.. Case No. 13-00585 CA
04 (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 325 Ocean
Drive, Unit 604, Miami Beach, Florida. The Summons and Verified Complaint
were served on the City on January 11, 2013.
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 January 15, 2013.
3. Angel Baez-Aponte v. City of Miami Beach. David Price. M. Rojo, John Doe
Officer. in their capacity as police officers and individually Case No. 12-CV-
24371 King/McAiliey in the United States District Court Southern District of
Florida
On November 7, 2009, Officers Rojo and Price arrested Plaintiff Baez-Aponte in
the hallway outside his ex-girlfriend's apartment after building security and/or
neighbors called police because he was creating a disturbance trying to get his
ex-girlfriend to grant him access to her (formerly "their") apartment. When
ordered by officers to stand still, he refused; officers then attempted to place him
under arrest, but he refused to allow himself to be handcuffed and a tussle
Agenda Item R 10 A
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City Attorney's Report
February 6, 2013
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resulted. After Plaintiff was handcuffed, building video shows one of the officers
slap the Plaintiff twice in the face and karate chop his neck while walking him to
the elevator. Plaintiff sued the officers, and unknown additional officer, and the
City on December 12, 2012 (served January 11, 2013) for violations of his state
and federal rights. The City Attorney's Office is vigorously defending this case.
4. JPMorgan Chase Bank. N.A. vs. Marianna Slupinska. et al., Case No. 13-00553
CA 04 (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 750 Collins
Avenue, Unit 300, Miami Beach, Florida. The Summons and Verified Complaint
were served on the City on January 11, 2013.
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 January 16, 2013.
5. U.S. Bank National Association vs. Tumen Akar, et al.. Case No.
502009CA040200XXXXMBAW (Circuit Court -15 1h Judicial Circuit in and for
Palm Beach County, Florida)
This is an action to foreclose a mortgage on real property located at 16336 Mira
Vista Lane, Delray Beach, Florida. The Summons and Verified Amended
Complaint were served on the City on January 14, 2013.
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 January 28, 2013.
6. Wells Fargo Bank, N.A. vs. Maria G. Lama. et al.. Case No. 13-00636 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 2899 Collins
Avenue, Unit 1625, Miami Beach, Florida. The Summons and Verified Complaint
were served on the City on January 18, 2013.
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 January 28, 2013.
7. Green Tree Servicing LLC vs. Oscar Rodriguez, et al., Case No. 13-01204 CA
27 (Circuit Court-11th Judicial Circuit in and for Miami-Beach County, Florida)
This is an action to foreclose a mortgage on real property located at 11801 SW
24 Terrace, Miami, Florida. The Summons and Complaint were served on the
City on January 18, 2013.
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City Attorney's Report
February 6, 2013
Page 3
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 January 28, 2013.
8. U.S. Bank. National Association vs. Mircea Serban, et al., Case No. 13-01176
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 1935 NE
150 Street, North Miami, Florida. The Summons and Complaint were served on
the City on January 18, 2013.
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 January 28, 2013.
9. City of Miami Beach v. 1747 Bay Road Properties, LLC: Appellate Court Special
Master Case No. JB 110000750 (Circuit Court -11th Judicial Circuit in and for
Miami Dade County)
This is an appeal to the Circuit Court, Appellate Division, which was recently filed
by the City from a Special Master case. The genesis of the Special Master case
is a building department violation; work done without permits. The Special
Master erroneously dismissed the case, arguing that the City was required to
serve the registered agent of the corporate entity, notwithstanding the clear
language of Florida Statute Chapter 162 requiring certified mail be sent to the
property owner as listed in the property appraiser's records. However, all notice
requirements of Chapter 162 were met in this case. City Administration was
consulted and authorized the timely filing of the appeal. Case law supports the
City's position regarding Chapter 162. Approximately $140,000 in fines were
dismissed.
1 0. Abelardo So to v. City of Miami Beach, Case No. 13CV20057 -King/McAiiley
*United States District Court for Southern District of Florida)
Plaintiff Soto alleges in his January 8, 2013 complaint (served January 23, 2013)
that on March 26, 2011, that he was arrested by Officers Douglas Simon and
Nicholas Simon because he was videotaping an arrest. He alleges that the
officers searched and arrested him without probable cause and used excessive
force to do so. The City Attorney's Office will vigorously defend this claim.
11.Charles Cisneros vs. Ete G. Triana, et al., Case No. 13-1597 CA 32 (Circuit
Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to quiet title on real property located at 7445 Harding Avenue,
Unit 208, Miami Beach, Florida. The Summons and Complaint were served on
the City on January 23, 2013.
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City Attorney's Report
February 6, 2013
Page 4
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 filed timely.
12.JPMorgan Chase Bank. N.A. vs. Joshua Shemtov. et al., Case No. 12-28838 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 7025 Rue
Granville, Miami Beach, Florida. The Summons and First Amended Complaint
were served on the City on January 24, 2013.
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 filed timely.
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