R10A-City Attorneys Status ReportCity of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
MIAMIBEACH
TO:
FROM:
DATE:
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of the City Commission
Raul Aguila, City Attorney
September 10,2014
sUBJECT: City Attorney's Status Renorf {Q ,7
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT
w Case No.
14-012658
Florida)
CAO1(Circuit Court Judicial Circuit in and for Miami-Dade County,
On December 9, 2010, Plaintiff/Petitioner Citizens Awareness Foundation served a
Complaint upon the City of Miami Beach, which sought an Order from the Circuit Court
compelling the release of certain public records held by the City of Miami
Beach. Specifically, the Plaintiff asserted that the City of Miami Beach failed to respond
to two (2) public records requests submitted to the Mayor's Office and the City
Clerk pursuant to Chapter 1 19 of the Florida Statutes, and that such a failure violates the
provisions of Chapter 119, which entitles the Plaintiff to attorneys'fees and costs. The
City Attorney's Office has filed a Motion to Quash, which denies the validity of service of
process surrounding the Complaint, and expects to file a Motion for Dismiss surrounding
the factual allegations that have been alleged in this cause of action.
I BEACH
AND SPRINT COMMUNIGATIONS, Case # 14-17757 CA 01(Circuit Court -
Judicial Circuit in and for Miami-Dade County, Florida)
The City was served with this complaint on July 14, 2014 alleging that on October 31,
2013, the plaintiff, Martin Weber, was walking westbound on the public sidewalk on the
northeast corner just west of the intersection of 2nd Street and Alton Road in Miami
Beach, Miami-Dade County, Florida when he tripped and fell over a metal guy-wire
anchor protruding from the sidewalk. The purpose of the metal guy-wire anchor was to
provide support for a utility pole owned by Co-Defendant, BellSouth and used by co-
defendants, Atlantic Broadband and Sprint. lt is alleged that because the pole was
insufficient to handle the facilities of all three utility companies, it was removed and
replaced with another pole, but the guy-wire protruding from the sidewalk was not
removed.
The plaintiff was injured as a result of tripping against the guy-wire and is alleging that
since the sidewalk belongs to the City of Miami Beach, the City was negligent in its
maintenance and inspection of its sidewalk. We shall file our answer to the complaint
and propound discovery. We shall also look into indemnification from the three co-
defendants as the utility is owned by one of them and used by all three co-defendants.
Asenda ttem RIOA
Date1076
City Attorney's Report
September 10, 2014
Page 2
3. ELIZABETH LAKATOS A/K/A ROBERTNA LAKATOS ON BEHALF OF HER MINORSON JONATHAN LAKATOS AND RAQUEL GUERIN. PERSONAL
TE OF
MIAMI BEACH. ET AL. Case # 14-008804 CA 15 (Circuit Court - 11th JuOiciai Circuffi
and for Miami-Dade County, Florida)
The City was served with this complaint on July 27, 2014 alleging that on April 5, 2014,
the decedent, Robert Lakatos and his younger brother, Jonathan Lakatos were attending
a Full Moon Drum Circle Party at the 7800 block of Miami Beach when Robert Lakatos
was robbed and shot to death in front of his brother, Jonathan Lakatos. The Plaintiffs are
suing the City and the Mayor alleging that the City was aware of the party, but failed to
provide City Police Officers for the protection of the party goers even though they knew
of the event and knew the location was dangerous. They are also alleging that the City
did not enforce its permit laws by failing to require co-defendant, Diego Waisman, to
obtain a permit or permits before hosting the party.
We have filed a motion to dismiss the complaint for failure to state a cause of action as
the City has no common law duty to protect the brothers individually and no common law
duty to enforce its permit laws. Further, the City is also cloaked by Sovereign immunity
as posting police officers to a particular location and enforcing its permit laws are all
discretionary acts of governance that are protected by sovereign immunity. We have
also filed a separate motion to dismiss Major Levine as he was acting as an agent of the
City and therefore cannot be a named party to the lawsuit.
N VS. RAMIRO ESCOBAR, ET AL.. Case No. 14-
19056 CA02 (Circuit Court - 11'n Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 850 NE 207th Street,
#6-201, Miami, Florida. The Summons and Verified Complaint were served on the City
on August 8,2014.
The City's Motion for More Definite Statement was filed on August 18,2014.
JAE Case
No. 14-15395 SP 05 (Circuit Court - 11
Florida)
Judicial Circuit in and for Miami-Dade County,
This is a small claims matter, which involves the alleged unlawful towing of a vehicle that
was parked by Carlos A. Jaen (the "Plaintiff'). The Plaintiff has identified the City of
Miami Beach and Beach Towing for the unlawful towing of the Vehicle, and has alleged
that the Vehicle was properly parked and displayed the appropriate visitor permit. The
allegations against the City of Miami Beach appear to be without legal merit, and the City
Attorney's Office will be reviewing the salient facts of this matter with the Parking
Department. This matter is currently scheduled for a Pretrial Conference on September
17,2014.
1077
City Attorney's Repoft
September 10, 2014
Page 3
7.
SA I BEACH
lNC.. Case # 14-13878 CA 01 (Circuit Court - 11th Judicial Circuit in and for Miami-Dade
County, Florida)
The City was served with this complaint on August 14, 2014 alleging that on June 1't,
2010, the plaintiff, Teresa Estevez, using the roadway and sidewalk at lndian Creek
Road and 30th Street in Miami Beach while there wis construction going on at the
location. The Plaintiff fell due to an unmarked concealed and uncovered hole incident to
the construction at the location resulting in trauma to her face, left and right arms, knees
and hands. The plaintiff is suing the City and the contractor, Horizon, working at the
location pursuant to a City contract. We shall file our answer to the complaint and tender
our defense and indemnification to the contractor and their insurance carrier.
HEWBURN SLOWE V. ALEXANDR BOKSNER Case No. 14-18224 CA01 (23) (Circuit
County, Florida)
Pro se Plaintiff Hewburn Slowe filed and served a lawsuit naming Aleksandr Boksner,
First Assistant City Attorney, as a defendant to "personal injury" he received, and other
nebulous cases of action that arose from a June 8, 2014 hearing before Judge Diane V.
Ward. The Plaintiff is a vexatious litigant that has filed several lawsuits against different
judges and attorneys, and has asserted that Mr. Boksner's conversation with a court
liaison officer caused him "personal injury." The lawsuit has no legal merit, and a
Motion to Dismiss will be filed seeking the dismissal of the matter with Prejudice.
Federal National Mortqaqe Associafion vs. lqnancio Javier Triana. et al.. Case No.
14-20540 CA 06 (Circuit Court - 11'n Judicial Circuit in and for Miami-Dade County,
Florida)
This is an action to foreclose a mortgage on real property 6039 Collins Avenue, Unit
1123, Miami Beach, Florida. The Summons and Verified Complaint were served on the
City on August 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 will be timely filed.
RA\AB\SR\EB\T
F :\ATTO\AAO FF\AAOF F\F I LE.#SU0 1 4\Status report CAO 09 1 0 1 4.docx
8.
1078
THIS PAGE INTENTIONALLY LEFT BLANK
1079