LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT:
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION v. LISA M. KAO, A/K/A LISA MARIE KOA, ET AL., Case No. 17-22240 CA 25 (Circuit Court – 11th Judicial Circuit in and for Miami Dade County, Florida).
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This is an action to foreclose a mortgage on real property located at 1228 West Avenue, Unit 1214, Miami Beach, FL. The Summons and Verified Complaint were served on the City on February 7, 2018.
The City’s Answer and Affirmative Defense was filed on February 8, 2018.
OCEAN DRIVE RESTAURANT, LB, LLC. v. THE CITY OF MIAMI BEACH Case No. 18-002803 CA 01 (Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County, Florida).
After the City of Miami Beach (the “City”) was notified of numerous complaints from citizens and tourists regarding the improper and unscrupulous business practices that had transpired, or that were occurring at La Baguette, the Miami Beach Police Department (in consultation with the City Attorney’s Office), initiated an undercover investigation to determine the extent and scope of La Baguette’s improper business operations. The investigation revealed that La Baguette was engaged in direct habitual conduct that violated City and State law. As a result, the City Manager issued an Administrative Order revoking La Baguette’s Business Tax Receipt and Certificate of Use, on an emergency basis, and he also issued an Order of Immediate Suspension of La Baguette’s Sidewalk Café Permit and Sidewalk Café Operations.
In response to these Administrative Revocation Orders, La Baguette initiated the above-referenced legal action against the City, and filed their Verified Complaint for Emergency Stay, Temporary Restraining Order, and Injunctive Relief in the Circuit Court of the Eleventh Judicial Circuit. The lawsuit sought an Order that would have enjoined the City’s ability to close the La Baguette restaurant, and would have expressly authorized La Baguette to continue its questionable business operations, irrespective of the City Manager’s Administrative Revocation Orders.
The Circuit Court scheduled an emergency hearing on Monday, February 5, 2018, to hear the merits of La Baguette’s Verified Complaint for Injunctive Relief. After Circuit Court Judge Jose M. Rodriguez heard legal argument on the Verified Complaint for Emergency Stay and Supporting Affidavit at the emergency hearing, Judge Rodriguez issued an Order summarily denying La Baguette’s request for injunctive relief against the City. Moving forward, the City Attorney’s Office will continue to vigorously defend the merits of this lawsuit, and a Motion to Dismiss the Verified Complaint will be filed seeking the dismissal of this matter with prejudice.
MILDREM CARRERA v. CITY OF MIAMI BEACH, FDOT, Case No. 18-001738 CA 01 (Circuit Court – 11th Judicial Circuit in and for Miami Dade County).
The City was served with this complaint on February 15, 2018 alleging that on July 16, 2016, the plaintiff, Mildrem Carrera, was bicycling on the public sidewalk located on Abbott Avenue near the intersection of 69th Street in Miami Beach, Miami-Dade County, Florida when she lost control and fell onto the road after sliding through stagnant water, suffering serious injuries. She is suing the City and Florida Department of Transportation. The location in question is an FDOT sidewalk and roadway and not a City of Miami Beach sidewalk or roadway. We advised the plaintiff of same pre-suit, but in spite of that, the City is included in this lawsuit. We shall file our motion to dismiss on the basis that the sidewalk and roadway in question is not the City’s right of way, but belongs to FDOT.