R10A-City Attorneys Status ReportMIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of the City Commission
(
FRoM: Raul Aguila, City Attorn"rA.l_0yJ -
DATE: September 2,2015
SUBJECT: City Attorney's Status Report
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE
LAST REPORT
1. Pedro J. Garcia vs The Citv of Miami Beach, et al.. Case No. 15-14329 CA22
(Circuit Court - 11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action for Declaratory Relief in connection with the V.A.B. adoption
of the recommendation of the Special Magistrate's determination that the
valuation of the real property located at 340 23 Street, Miami Beach, Florida is
zero. The Summons and Complaint for Declaratory Relief were served on the
City on July 29, 2015.
The City's Answer, Affirmative Defenses and Counterclaim was timely filed.
2. Positive Solutions. LLC vs Jose Miquel Moreno. etc. et al.. Case No. 15-16703
luOiciai Circuit in and for Miami-Dade County,
Florida)
This is an action to foreclose a mortgage on real property located 15964 SW
102 Lane, Miami, Florida. The Summons and Verified Complaint were served
on the City on July 29, 2015.
The City's Answer and Affirmative Defense, asserting satisfaction of lien was
filed on August 6,2015.
3. Rachel Fleischmann vs Cookies & Crackers, etc. et al., Case No. 15-15249
CA 21 (Circuit Court - 11th Judicial Circuit in and for Miami-Dade County,
Florida)
This is an action to quiet title on real property located 1680 NE 191 Street, Unit
209-2, North Miami Beach, Florida. The Summons and Complaint were served
on the City on July 29, 2015.
The City's Answer and Affirmative Defense was filed on August 6, 2015.
Agenda ttem Rl0ADate cl -2-l{1101
City Attomey's Repoft
September 2, 2015
Page 2
Case No. 15-016900 CA 01 (Circuit Court - 11
Miami-Dade County, Florida)
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vs Roosevelt Case No. 15-17439
CA 24 (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 750 Collins
Avenue, Unit 203, Miami Beach, Florida. The Summons and Second Amended
Verified Complaint were served on the City on August 6,2015.
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 August 13,2015.
Trust 1. etc.. vs lnna Klavkina. et al., Case No. 15-17675 CA 13lsesv ls. vt gtr. vggv !!v. lv L v, v vi
(Circuit Court - 11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 11655 NE
18 Drive, Miami, Florida. The Summons and Verified Complaint were served
on the City on August 18, 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 will be timely filed.
V.
Judicial Circuit in and for
Plaintiff is alleging that on December 12, 2014, a City of Miami Beach
employee, was operating a 2011 ambulance at or near the intersection of
Abbott Avenue (SR A1A) and 71"t Street (SR 934) in Miami Beach when he
negligently operated and/or maintained said vehicle so that it collided with the
Plaintiff, resulting in injury, wage loss and loss of consortium. We shall file our
answer and propound discovery to the Plaintiffs. The police report of the crash
indicates that the ambulance had its light and sirens on when it entered the
intersection and the Plaintiff, driving a yellow cab, failed to yield the right of
way to an emergency vehicle transporting a stabbing victim to Ryder Trauma
Center.
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