R10A-City Attorneys Status ReportMIAMIBEACH
City of Miomi Beqch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members of the City Commission
FRoM: Raut Asuila, City Attor ""84If L---
DATE: June 10,2015
SUBJECT: City Aftorney's Status Report
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST
REPORT
1. Tropic Fire Protection. Inc. vs New National. LLC. et a!.. Case No. 1 5-8254
ami-Dade County,
Florida)
This is an action to foreclose a mechanics lien on real property located 1677
Collins Avenue, Miami Beach, Florida. The Summons and Complaint were served
on the City on May 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 May 12,2015.
2. Murano Grande at Portofino Condominium Association. lnc. et al. vs The
Judicial Circuit in and for Miami-Dade County, Florida)
This is a breach of contract and eviction action in connection with the City's
leased premises located at 400 Alton Road, Miami Beach, Florida. The Complaint
filed by the three (3) associations, the master condominium association and the
two (2) condominium associations, is in connection with an alleged default for
failure to pay certain operating expenses as additional rent. The Summons and
Complaint were served on the City on May 21,2015.
The City's response will be timely filed.
and Carrilo. P.A.. V.Case No.
2015-10704 CA22 (Circuit Court - 11'n Judicial Circuit, in and for Miami-Dade
County, Florida)
On May 26,2015, the Law Office of Carrillo & Carrillo, P.A. (the "Plaintiff') serveda Complaint upon the City of Miami Beach, Police Chief Oates, City Clerk
Granado, Code Compliance Director Cardeno and First Assistant City Attorney
Aleksandr Boksner, which sought an Alternative Writ of Mandamus to Compel the
production of certain public records (the "Complaint") held by the City of Miami
Beach. The Complaint was filed on May 22, 2015. Specifically, the Plaintiff
Agenda ltem R l0A
Date blH{772
City Attorney's Repoft
June 10, 2015
Page 2
asserted that the City of Miami Beach failed to respond to several public records
requests submitted to the Clerk's Office, Police Chiefs Office, Code Compliance
Department and the City Attorney's Office 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 attended a hearing on May 28,2015, and the Circuit
Court ordered the Plaintiff to pay for those records requested by the Plaintiff. The
Circuit Court order to pay for the records was based upon the City Attorney's
Office remitting two (2) letters dated April 17,2015 and April 22,2015 that
identified the availability of public records, and that that these public records will
be provided upon payment of $222.19 to the City. ln that regard, the City
Attorney's Office intends to file its Motion for the Perpetuation of a Fraud upon the
Circuit Court, which will assert that the Plaintiff fraudulently misrepresented to the
Circuit Court that the City never responded to the public records request, despite
the City Attorney's Office notifying the Plaintiff, on two (2) separate occasions, that
the cost for the duplication of the records must be remitted to the City pursuant to
Florida Law.
LLC. etc.Case No.
0945105 CA 09
County, Florida)
(Circuit Court - 11 in and for Miami-Dade
This is an action to foreclose a mortgage on real property located 8Og 2nd Street,
Miami Beach, Florida. The Summons and Second Amended Verified Complaint
were served on the City on May 28, 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, will be timely filed.
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