R10A-City Attorney�s Status ReportMIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, florida 33139, www.miamibeochfl.gov
COMMISSION MEMORANDUM
o "the City Commission
/
TO:
FROM:
Mayor Matti Herrera Bower and Member
Jose Smith, City Attorn~ "
DATE: June 5, 2013 -';r_:.-tt
SUBJECT: City Attorney's Status Report
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT
1. Wells Fargo Bank. N. A. vs. City of Miami Beach, et al., Case No. 13-12785 CA 01
(Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action for equitable relief to recover funds held in the court registry in
connection with the tax deed sale for the property located 1145 Bay Drive, Miami Beach,
Florida. The Summons and Complaint were served on the City on April 24, 2013.
The City's liens were satisfied prior to the filing of the Complaint. The City's Answer was
filed on April 30, 2013.
2. Menada. Inc. v. City of Miami Beach, FL. Case No. 13-15239 CA 30 (Circuit Court -
11th Judicial Circuit in and for Miami Dade County, Florida)
This is a case for declaratory judgment relief filed by the property owner of Seacoast
Towers asking the court to determine its right to be exempt from the installation of a
sprinkler system based upon the public lodging statute, despite losing 3 appeals on the
same subject. The City's answer was recently filed and a motion for summary judgment
is being prepared.
3. The Deauvi!le Hotel Condominium Association. Inc. vs. Albert F. Pusey, et al., Case No.
13-15243 CA 27 (Circuit Court -11 1h Judicial Circuit in and for Miami-Dade County,
Florida)
This is an action to foreclose a condominium lien on real property located 6701 Collins
Avenue, Unit 922, Miami Beach, Florida. The Summons and Complaint were served on
the City on April 30, 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 May 7, 2013.
4. JPMorgan Chase Bank, National Association vs. Luis F. Delgado. et al.. Case No. 13-
13426 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 2899 Collins Avenue,
Unit 1439, Miami Beach, Florida. The Summons and Verified Complaint were served on
the City on May 2, 2013.
Agenda Item R 10 I+
Date ' .. S-13
City Attorney's Report
June 5, 2013
Page 2
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 May 6, 2013.
5. JPMorgan Chase Bank. National Association vs. The Pavillion Condominium
Association, et al., Case No. 13-11967 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 5601 Collins Avenue,
Unit 1220, Miami Beach, Florida. The Summons and Verified Complaint were served on
the City on May 2, 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 May 2, 2013.
6. Deutsche Bank National Trust Company vs. John Sansac, et al., Case No. 13-11863 CA
01 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 528 Meridian Avenue,
Miami Beach, Florida. The Summons and Verified Complaint were served on the City on
May 2, 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 May 7, 2013.
7. Capital Bank. N.A. vs. Avelino Martinez, et al .. Case No. 13-11863 CA 01 (Circuit Court
-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 605 7ih Street and
6961 Caryle Avenue, Miami Beach, Florida. The Summons and Verified Complaint were
served on the City on May 2, 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 May 7, 2013.
8. Wells Fargo Bank, N.A. vs. Jessy Alves Vinagre, et al., Case No. 13-15269 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 189 NW 97 Street,
Miami Shores, Florida. The Summons and Complaint were served on the City on May 8,
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 May 20, 2013.
City Attorney's Report
June 5, 2013
Page3
9. Suntrust Bank vs. Allen Bombart et al., Case No. 13-13939 CA 11 (Circuit Court -11th
Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 510 Ocean Drive, Unit
PH-1, Miami Beach, Florida. The Summons and Verified Complaint were served on the
City on May 8, 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 May 15, 2013.
10. Laze E-K LLC vs. Valeria Viviane Bensoussan. et al., Case No. 13-16212 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 5601 Collins Avenue,
Unit PH-1, Miami Beach, Florida. The Summons and Verified Complaint were served on
the City on May 13, 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 May 15, 2013.
11. Wells Fargo Bank. N.A. vs. Davac Group. L.L.C., et al .. Case No. 13-16832 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 1455 Michigan
Avenue, Unit 5, Miami Beach, Florida. The Summons and Verified Complaint were
served on the City on May 15, 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 May 20, 2013.
12. A & P Air Conditioning Corporation, a Florida corporation, v. City of Miami Beach, a
Florida municipal corporation, and The Miami Beah Redevelopment Agency, a public
body corporate and politic, Case No. 13-17051 CA-5 (Circuit Court-11th Judicial Circuit
in and for Miami-Dade County, Florida)
These two companion cases were filed for monies allegedly owed to a subcontractor
which performed mechanical work on a City property but for a City tenant, Penn 17. The
City's response is pending at this time; the tenant is allegedly trying to resolve the
matters.
13. Bank of America, N.A. vs. Madelaine Rodriguez, et a!., Case No. 10-28706 CA 31
(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 3901 SW 78 Ct., #1-
216, Miami, Florida. The Summons and Amended Verified Complaint were served on
the City on May 15, 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 May 22, 2013.
City Attorney's Report
June 5, 2013
Page4
14. Seville Acquisition. LLC, v. City of Miami Beach, Case No. 13-017539 CA 01 (Circuit
Court-11th Judicial Circuit of Florida in and for Miami-Dade County, Florida
This Emergency Complaint for Writ of Mandamus seeks to have the Court require the
City to immediately issue permits for the demolition of the boardwalk and construction of
the beachwalk behind the Marriott (Seville) Edition Hotel at 29th Street and Collins
Avenue, and for delay damages for not issuing the permits.
15. City of Miami Beach. Florida vs. Anthony Parks Case No. (To be assigned) (Circuit Court
-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action for damages to collect monies owed to the City of Miami Beach for
unpaid utilities bills. The action was filed on May 21, 2013. Service of Process on Mr.
Parks is pending.
16. JPMorgan Chase Bank vs. Victor M. Perez. et al., Case No. 13-16347 CA 21 (Circuit
Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 1250 West Avenue,
Unit 8-J, Miami Beach, Florida. The Summons and Verified Complaint were served on
the City on May 22, 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 timely filed.
JS/SHR/RMH/GH/Ir
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