R10A-City Attorneys Status ReportMIAMIBEACH
City of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of the City Commission
FRoM: Raul Aguila, City Attorr"y?^,1.- Cf , \-
DATE: October 22,2014
SUBJECT: Gity Attorney's Status Report
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE
LAST REPORT
RAUL CAIOLA V. CITY OF MIAMI BEACH. Case 2014-11864-CA-01(Circuit
Court - Eleventh Judicial Circuit in and for Miami-Dade County, Florida)
The City was served with this complaint on August 25, 2014 alleging that on
September 28,2012, the plaintiff, Raul Caiola, fell on the sidewalk of Collins
Avenue between 71 and 72nd Street as a result of a raised edge of a concrete
slab forming part of the sidewalk. Collins Avenue is an FDOT right of way, but
the location of plaintiff's fall is part of the north beach street scape
improvement project that the City took over maintenance responsibility from
FDOT. we visited the location with right of way manager, Demar woodson,
and noticed that the slab in question and the planter next to the slab have
been fixed. Demar surmises that the repairs were done by the condominium
complex adjacent to the sidewalk. Demar said he will get the right of way
permit for the repair so we can determine who made the repairs and possibly
tender to them for representation and indemnification. ln the interim, we shall
file our answer to the complaint and propound discovery.
ERIC D. MILON V. CITY OF MIAMI BEACH. Case No. 14-21500-CA15
(Circuit Court - Eleventh Judicial Circuit in and for Miami-Dade County,
Florida)
This is an action for declaratory relief in connection with a lien filed against
homestead property. The Summons and Complaint were served on the City on
August 26,2014.
This matter was resolved prior to a response being filed.
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3. FLORIDA GAS TRANSMISSION COMPANY. LLC. V. CIry OF MIAMI
BEACH. AND BERGERON LAND DEVELOPMENT. lNC. Case No. 14-CV-
23243- Williams/Simonton (United States District Court for the Southern
District of Florida)
This is an action for equitable relief and damages in connection with the State
Road 907/Alton Road and 1Oth Street Drainage lmprovements. Florida Gas
alleges that improvements encroach upon an alleged easement in the public
right of way. The Summons and Complaint were served on the City on
September 4,2014.
The City obtained an enlargement of time to file its response to the
Complaint. The City's response will be timely filed on or before October 25,
2014.
4. VICTOR HYDER V. CITY OF MIAMI BEACH. and STARBUCKS COFFEE
COMPANY. A/K/A STARBUCKS GORPORATION a WASHINGTON STATE
CORPORATION. DEFENDANT Case No. 14-17657 CA (Circuit Court
Eleventh Judicial Circuit in and for Miami-Dade County, Florida)
The City was served with this complaint on September 08, 2014 alleging that
on July 5,2011, the plaintiff, Victor Hyder, was attempting to traverse the
sidewalk located at the southeast corner of 1Oth Street and West Avenue in
Miami Beach, Florida fell as a result of a defect in the surface of that sidewalk.
The Plaintiff is also suing Star Bucks Coffee as a co-defendant as he alleges
that he was a customer coming out of Star Bucks at the location in question
and Star Bucks occupies and utilizes the location of his fall at the Star Bucks
as an outdoor area of the restaurant for its customers. We shall file our answer
to the complaint and propound discovery. We shall also request building
permits and right of way permits for the pavers at the location in question as it
has been established from a prior case that we handled that the owners of the
parking garage at the location constructed and are responsible for the
maintenance of the sidewalk where plaintiffs fall occurred.
5. U.S. BANK NATIONAL ASSOCIATION. AS TRUSTEE FOR TERWIN
MORTGAGE TRUST 2005.16HE. ASSET.BACKED CERTIFICATES.
SERIES 2005-16HE VS. ISABEL M DE LA RIONDA Case No. 14-023288
CAO1 (Circuit Court - Eleventh Judicial Circuit in and for Miami-Dade County,
Florida)
This is an action to foreclose a mortgage on real property located 1200 West
Avenue, Unit 615, Miami Beach, Florida. The Summons and Verified
Complaint were served on the City on September 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 September 22,
2014.
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6. GREEN TREE SERVICING. LLC V. MARCOS OSMANI RIVERO A/K/A
MARCOS O RIVERO A/K/A MARCOS RIVERO A/K/A MARCO RIVERO
AND TANIA RIVERO. HUSBAND AND WIFE: ET AL Case No. 14-C-022373
(Circuit Court - Eleventh Judicial Circuit in and for Miami-Dade County,
Florida)
This is an action to foreclose a mortgage on real property located 5401 Collins
Avenue, Unit 726, Miami Beach, Florida. The Summons and Verified
Complaint were served on the City on September 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 September 22,
2014.
7. GREEN TREE SERVICING. LLC. V. WILLY IZQUIERDO: PNC BANK. N.A...
SUCESSOR BY MERGER TO ATIONAL CITY BANK: OCEANSIDE PLMA
CONDOMINIUM ASSOCIATION. lNC.: A.G CONTRACTORS CORP.:
BANCO POPULAR NORTH AMERICA: DOUGLAS ORR PLUMBING. lNC.:
SOUTHERN CHUTE. INC: ZTl. LLC: CITY OF MIAMI BEACH. FLORIDA:
UNKNONN TENANT NO. 1: UNKNOWN TENANT NO. 2. AND ALL
UNKNOWNN PARTIES CLAIMING INTERESTS BY. THROUGH. UNDER
OR AGAINST A NAMED DEFENDANT TO THIS ACTION. OR HAVING OR
CLAIMING TO HAVE ANY RIGHT. TITLE OR INTEREST IN THE
PROPERTY HEREIN DESCRIBED. Case No. 13-38486-CA-05 (Circuit Court
- Eleventh Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 5555 Collins
Avenue, Unit 15P, Miami Beach, Florida. The Summons and Verified
Complaint were served on the City on September 23,2014.
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 September 24,
2014
8. MURANO GRANDE AT PORTOFINO CONDOMINIUM ASSOCIATION. INC.
A FLORIDA NOT.FOR.PROFIT CORPORATION V. THE CITY OF MIAMI
BEACH. A MUNICIPAL CORPORATION. AND MIAMI BEACH
REDEVELOPMENT AGENCY. A FLORIDA PUBLIC AGENCY, Case No. 14-
23217 CA 30 (Circuit Court - Eleventh Judicial Circuit in and for Miami-Dade
County, Florida)
This is an action for breach of contract and eviction, recently served on the
City and the MBRA. Plaintiff alleges that Defendants, as tenants of 142
parking spaces located inside a parking structure owned by Plaintiff, failed to
pay $701 ,073.10 in "Additional Rent" for repairs of the parking structure, as
required by the lease agreement with Plaintiff. ln particular, Plaintiff alleges
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that Defendants are responsible for 31.9% of the cost of these
repairs. Plaintiff further alleges that it is entitled to evict the City and MBRA
based on their breach of the lease agreement and failure to pay the amounts
due as Additional Rent.
9. FRANCESCO L. CAMPO V. CITY OF MIAMI BEACH Case No. 14-016001
CA 01 (Circuit Court - Eleventh Judicial Circuit in and for Miami-Dade County,
Florida)
The City was served with this complaint on October 7, 2014 alleging that on
June 25,2010, the plaintiff, Francesco L. Campo, was riding his bicycle on the
sidewalk through Flamingo Park in the City of Miami Beach when an unleased
dog ran in front of him forcing him to move off of the sidewalk and unto the
grass. Unbeknownst to him, there was a concealed, deep hole in the grass at
Flamingo Park that caused him to crash his bicycle forcefully into the ground
resulting in bodily injury. We shall file our answer to the complaint and
propound discovery to the plaintiff.
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