R10A-City Attorneys Status ReportMIAMIBEACH
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of the City Commission
FRoM: Raul Aguila, City Attorn ey?&-q \--
DATE: November 19,2014
SUBJECT: City Attorney's Status Report
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE
LAST REPORT
REBECCA ALFIE. Case # 14-25450 CA 05 (Circuit Court - 11'n Judicial
Circuit in and for Miami Dade County, Florida)
The City was seryed with this complaint on October 16,2014 alleging that on
October 18,2010, the plaintiff, Sharon Brecher, fell on the sidewalk at or near
4445 N. Adams Avenue in Miami Beach when she stepped on the area of the
sidewalk where there was an abrupt change in elevation resulting in injuries to
the plaintiff. The complaint notes that the plaintiff had been walking in the
direction from the higher section of the sidewalk toward the lower section of
the sidewalk. The plaintiff is also suing the owners of the property at 4445 N.
Adams Avenue. We shall file our answer and propound discovery to the
plaintiff.
2. BLB TRADING. LLC vs. UV CITE. LLC. et al.. Case # 14-25903 CA 09
Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 1000
West Avenue, Unit 608, Miami Beach, Florida. The Summons and Verified
Complaint were served on the City on October 27,2014.
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.
3. JPMORGAN Case
# 13-31858 CA 23 (Circuit Court - 11
County, Florida)
Judicial Circuit in and for Miami-Dade
This is an action to foreclose a mortgage on real property located 14198 SW
145 Place, Miami, Florida. The Summons and Amended Verified Complaint
were served on the City on October 27,2014.
The City's Answer was filed on October 30,2O14.
Agenda ltem
oate ll-lQlU997
City Attorney's Report
November 19, 2014
Page 2
ANd KRISTIN
BEACH. Case # 14-27691 CA 02 (Circuit Court - 11 and
for Miami Dade County, Florida).
The City was served with this complaint on November 5,2014 alleging that on
December 16, 2013, the plaintiffs Gianluca Andreocci and Kristin Andreocci,
were driver and passenger on a scooter vehicle driving on the Venetian
Causeway Roadway at or near its intersection with lsland Avenue when the
scooter encountered a center raised median island located within the roadway
which was defective and therefore caused the plaintiffs to strike the median
and lose control of their scooter which resulted in them sustaining serious and
permanent injuries. The Venetian Causeway is a Miami Dade County
Roadway and not the City's Roadway. lt therefore appears that the right and
correct defendant to this action should be Miami Dade County and not the City
of Miami Beach. We shall file a motion to dismiss the complaint upon contact
with plaintiff counsel and confirmation to him that he has sued the wrong
entity.
5. ALSHLEY ROBBINS v. CITY OF MIAMI BEACH, Case # 14-027284 CA 02
i Dade County, Florida).
The City was served with this complaint on November 6,2014 alleging that on
August 17, 2013, the plaintiff, Alshley Robbins, was running by the entrance of
South Pointe Park, 1 Washington Avenue, Miami, FL, when she tripped over a
chain that was preventing access to South Pointe Park. She is alleging that the
City placed a chain at the entrance of the Park, which was not apparently
noticeable due to the glare of the sun and thereby creating a dangerous
condition for individuals who were exercising andior running in the area. We
shall file our answer and propound discovery to the plaintiff.
RA\SR\EB\
F'\ATTO\AAOF F\AAOF F\F I L E.#S\20 1 4\Status report CAO 1 1 1 9 1 4.docx
4.
998