R10A-City Attorneys Status Reportg MIAMIBEACH
Gity of lltiomi Beoch, I 700 Convenlion Center Drive, Miomi Beoch, Florido 331 39, www. miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of the City Commission
Jose Smith, City Attorney
DATE: May21 ,2014 \ \
SUBJECT: City Attorney's Status Report
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT
1. Suntrust Mortqaqe lnc. vs. Annette E. Prieto. et al., Case No. 14-008192 CA 05
Dade County, Florida)
This is an action to foreclose a mortgage on real property located 6060 lndian
Creek Drive, Unite 603, Miami Beach, Florida. The Summons and Verified
Complaint were served on the City on April 8, 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 April 9,2014.
(Circuit Court - 11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 9 lsland
Avenue, Unit 1109, Miami Beach, Florida. The Summons and Verified Complaint
were served on the City on April 9, 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 April 10,2O14.
3. ll Villaqqio Condominium Association. lnc. & Alfred K. Berq. v. Citv of Miami
Beach, Case No. 14-007455 CA01 (Circuit Court, Eleventh Judicial Circuit, ln
and for Miami-Dade County, Florida)
This is an original action based on inconsistencies with the City's Comprehensive
Plan, challenging the issuance of three variances (for setbacks and eliminating a
courtyard) by the Board of Adjustment for the construction of a CVS Pharmacy
building a|1475 Collins Avenue, Miami Beach. The decisions of the Board will
be defended as not being inconsistent with the City's Comprehensive Plan.
Asenda nem Rl7 A
Date s-21-lq
1018
City Attorney's Repoft
May 21, 2014
Page 2
4.Rene Zelaya Sanabria v. Citv of Miami Beach, Case No. 14-8593 CA 13 (Circuit
Court - 11th Judicial Circuit in and for Miami-Dade County, Florida)
The City was served with this complaint on April 15, 2014, alleging that an
unknown Miami Beach Police Officer used excessive force against the plaintiff on
April 4, 2010. The value of this claim is expected to be under $100,000. The City
filed its Answer and Affirmative Defenses on April 30,2014.
Green Tree Servicinq LLC vs. HSBC Mortqaqe Corporation (USA). Yordanka
icial Circuit in
and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 1027
Pennsylvania Avenue, Unit 204, Miami Beach, Florida. The Summons and
Verified Complaint were served on the City on April 21 ,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 April 22,2O14.
rS.V al.. Case No. 14-
County,
5.
6.
009400 CA 08 (Circuit Court - 11
Florida)
Judicial Circuit in and for Miami-Dade
This is an action to foreclose a mortgage on real property located 540'1 Collins
Avenue, Unit 222, Miami Beach, Florida. The Summons and Verified Complaint
were served on the City on April22,2014.
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 April 22,2014.
7. JPMorqan Chase Bank. N.A. vs. Adolfo A. Lenqvel. et al., Case No. 13-36413
ade County, Florida)
This is an action to foreclose a mortgage on real property located 2203 Calais
Drive, Miami Beach, Florida. The Summons and Verified Amended Complaint
were served on the City on April 30, 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 May 1,2014.
JS/SR/NK/GH/lr
F'\ATTO\AAOFF\AAOFF\FlLE.#S\201 4\Status report CAO 0s21 1 4.docx
1019