R10A-City Attorneys Status Report~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miomi Beach, Florida 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO Mayor Philip Levine and Members of the City Commission
FROM: Jose Smith, City A~¥ cf-
DATE
/ -,.. /Ct : /'._. 4 ' I . . March 5, 2014 . . ./
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SUBJECT City Attorney's Status Report
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT
1. JPMorgan Chase Bank, N.A. vs. Mary Sbert Davis, et al., Case No. 14-354 CA
05 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 18357 NW 86
Place, Florida. The Summons and Verified Complaint were served on the City on
January 28, 2014.
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 30, 2014.
2. Timothy Berkholz v. City of Miami Beach, in the Circuit Court of the 11th Judicial
Circuit in and for Miami-Dade County, Florida Case No. 14002245CA01
The City was served with this complaint on February 3, 2014 alleging that on
April22, 2011, the plaintiff, Timothy Berkholz, was driving a scooter heading west
on 1st Street between Ocean Drive and Ocean Court in Miami Beach when the
front wheel of the scooter struck a pothole on the street. Plaintiff was ejected
over the handlebars of the scooter and allegedly sustained injuries. We shall file
our answer to the complaint and propound discovery to the plaintiff.
3. JPMorgan Chase Bank. N.A. vs. Dennis Lawton, et al.. Case No. 13-37103 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 252 Jefferson
Avenue, Unit 10, Miami Beach, Florida. The Summons and Verified Complaint
were served on the City on February 13, 2014.
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 February 19, 2014.
Agenda Item 'fZl.IO A-
Date .3-S"-/lf
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City Attorney's Report
March 5, 2014
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4. Federal National Mortgage Association vs. Wilfreda Luis, et al., Case No. 13-
3741 CA 22 (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 4-D, Miami Beach, Florida. The Summons and Verified Complaint
were served on the City on February 18, 2014.
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 February 19, 2014.
JS/EB/SR/Ir
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