R10A-City Attorneys Status ReportE MIAMIBEACH
City of Miomi Beoch, 1200 Convention Cenler Drive, Miomi Beqch, Florido 33I39, www. miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members of the City Commission
FRoM: RaulAguila, City Attorney brL*"fuF
DATE: June 11,2014
SUBJECT: City Attorney's Status Report
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT
1. Luis Amato v. Officer Thamyris Cardelle, lndividualv and in his Official Capacitv.
and The Citv of Miami Beach. Case No. 13-035725 CA-01 (Circuit Court - 1'lth
Judicial Circuit in and for Miami-Dade County, Florida)
Plaintiff sued the City alleging false arrest and battery. The City will defend the
case. lt is unlikely to exceed $100,000.00 in damages.
2. The Bank of New York Mellon vs. Jaime Vinas, et al., Case No. 14-11268 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 at 14921 SW
82 Terrace, Unit 3-206, Miami, Florida. The Summons and Verified Complaint
were served on the City on May 12,2014.
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 12,2014.
Case No. 14-
007261 CA 01 (Circuit Court - 11
County).
Judicial Circuit in and for Miami Dade
The City was served with this complaint on May 13, 2014 alleging that on June
12,2011, the plaintiff, Lance David Marks, was observed by Office Morales
walking along North Bay Road, Miami Beach, Florida. Officer Morales
approached the Plaintiff and arrested him without probable cause, falsely
charging him with drug possession. Plaintiff was then taken into custody.
Ultimately all charges were dropped against him. Plaintiff is alleging that as a
result of the false arresUfalse imprisonment, he suffered mental anguish, loss of
earnings and other consequential damages. The plaintiff is suing the City as well
as Officer Morales for false arresUfalse imprisonment. For the counts against
Officer Morales, he pled in the alternative that Officer Morales acted in bad faith
and with malicious purpose. We shall respond to the complaint on behalf of the
City and propound discovery.
Aoenda rrem fl tO A- o^t@-1026
City Attorney's Repoft
June 11, 2014
Page 2
4. Laze-E-J, LLC vs. Valerie Viviane Bensoussan. et al.. Case No. 14-12106 CA 23
(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 5601 Collins
Avenue, PH-1, Miami Beach, Florida. The Summons and Verified Complaint
were served on the City on May 15,2014.
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 21,2014.
CA 23
This is an action to foreclose a mortgage on real property located at 7701 N.
Kendall Drive, 8124, Miami, Florida. The Summons and Complaint were served
on the City on May 15, 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 21,2014.
6. The Bank of New York Mellon vs. Yamilet Ramirez, et al.. Case No. 14-12131
in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 16391 SW
92 Ct., Palmetto Bay, Florida. The Summons and Complaint were served on the
City on May 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 May 27,2014.
7. Wells Farqo Bank, N.A. vs. Miquel Anqel Fernandez. et al.. Case No. 14-11520
in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located al 1677 SE 27
CT., Apt. 200, Homestead, Florida. The Summons and Complaint were served
on the City on May 22,2014.
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 27,2014.
Bank of America, N.A. vs. Daniel J. Gonzalez. et al.. Case No. 14-12106
(Circuit Court - 11th Judicial Circuit in and for Miami-Dade County, Florida)
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City Attomey's Report
June 11 , 2014
Page 3
8. Miami-Dade Counl,v vs. Fisher lsland Club, lnc.. et al., Case No. 14-9032 CA 13
(Circuit Court - 11tn Judicial Circuit in and for Miami-Dade County, Florida)
This is an eminent domain action for a permanent subsurface utility easement on
Fisher lsland, Florida. The Summons and Complaint were served on the City on
May 27,2014.
The City's Answer and Affirmative Defense will be timely filed.
9. Mimo on the Beach Condominium vs. Bank of America, N.A., et al., Case No. 14-
12856 CA 05 (Circuit Court - 11th Judicial Circuit in anO tor trrtiamiDade County,
Florida)
This is an action to foreclose a condominium lien on real property located at745
Harding Avenue, Unit 103, Miami Beach, Florida. The Alias Summons and
Complaint were served on the City on June 2,2014.
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 June 4,2014.
10.JP Morqan Chase Bank, N.A. vs. Graciela Ximenes, et al., Case No. 14-12390
CA 23 (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 800 West
Avenue, Unit 605, Miami Beach, Florida. The Summons and Verified Complaint
were served on the City on June 3, 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 June 4,2014.
(Circuit Court - 11th Judicial Circuit in anO for Hliami-Oade County, Florida)
This is an action to foreclose a mortgage on real property located at g350
Fontainebleau Blvd., Miami, Florida. The Summons and Verified Complaint were
served on the City on June 3, 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 June 4,2014.
JS/SR/EB/RRflT
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