R10A-City Attorney's Status ReportMIAMIBEACH
C,fy of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of the City Commission
Raul Aguila, City Attor neyZ*rl- *.1
March 11,2015
SUBJECT: City Attorney's Status Report
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST
REPORT
1. Wells Farqo Bank. N.A. vs UV Cite. LLC. et al.. Case No. 14-13745 CA 59 (Circuit
Court - 11m Judicial Circuit in and for Miami-Dade County, Florida)
This is an ac,tion to foreclose a mortgage on real property located 5445 Collins
Avenue, Unit 522, Miami Beach, Florida. The Summons and Verified Complaint were
served on the City on February 10, 2015.
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 February 10, 2015.
2. J.P. Morsan Alternative Loan Trust vs Suthus Khamkhanq. et al.. Case No. 15-
Dade County,
Florida)
This is an action to foreclose a mortgage on real property located 7124 SW 62 Ct.,
Miami, Florida. The Summons and Verified Complaint were served on the City on
February 11,2015.
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 February 17,2015.
3. Ocwen Loan Se4{icins. LLC vs Ricardo Lameira. et al.. Case No. 15-3360 CA 20
(Circuit Court - 11' Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 549 Meridian
Avenue, Unit 12, Florida. The Summons and Verified Complaint were served on the
City on February 26,2A15.
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.
TO:
FROM:
DATE:
Asenda ltern -(10&-oate 3-ll- tS-766
City Attorney's Report
March 11,2015
Page 2
Cul of Miami Case #
15-1585 CA
County).
01 (Circuit Court - 11 Judicial Circuit in and for Miami Dade
The City was served with this complaint on February 19,2015 alleging that on
July 29, 2013, the plaintiff, Monica Culpepper, fell on the sidewalk of 211
Lincoln Road, Miami Beach, Florida 33139 as a result of stepping on a
recessed lighting flxture that was improperly installed, improperly maintained,
broken, improperly designed and othenuise dangerous, thereby creating a
hidden hazard over which Plaintiff Monica Culpepper tripped and fell. The
Plaintiff is alleging that she sustained bodily injuries and is also suing for loss
of consortium although she did not provide us with a pre-suit notice of her
consortium claim as required by Florida Statute 768.28. We shall file our
answer and propound discovery. We shall atso be sending out tender letters to
SureTec insurance company (the bonding company) who took over the
installation of the lighting fixtures from M. Vila and are yet to hand over the
project to the City at the time the accident occurred. We shall also inquire to
see if the contractor retained to complete the project by SureTec, Donclay lnc.,
obtained a general liability insurance policy naming the City as an additional
named insured. ln the event that they did, we shall go ahead and also tender
to their insurance carrier.
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