LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT:
1. RUSSEL HARVEY, PRO SE V CITY OF MIAMI BEACH AND ROBERT LAWRENCE, Civil Action No. 17-24503-Civ-Scol, United States District Court for the Southern District of Florida
The Plaintiff (Russel Harvey) has sued The City, and is alleging that one of its Police officers assisted his landlord in unlawfully evicting him. The City will be defending the merits of this lawsuit.
2. KRISTEN ROSEN-GONZALEZ VS. STATE OF FLORIDA, GOVERNOR RICK SCOTT, FLORIDA SECRETARY OF STATE KEN DETZNER AND CITY CLERK RAFAEL GRANADO, Case No. 2018 CA 000860 (Circuit Court – 11th Judicial Circuit in and for Miami Dade County, Florida)
On April 10, 2018, City Commissioner Kristen Rosen-Gonzalez filed a suit for declaratory and injunctive relief against the above-named Defendants seeking to enjoin enforcement, and have declared unconstitutional, Florida Statute Section 99.012 (known as the “Resign-to-Run Law). Plaintiff’s suit claims that Section 99.012, as recently amended, has the effect of violating her constitutional rights to maintain her property interest in her elected position as a member of the Miami Beach City Commission.
On April 25, 2018, the Circuit Court held a hearing on Plaintiff’s Emergency Motion for Temporary Injunctive Relief, resulting in the Court’s April 26, 2018 Order denying the requested relief.
Inasmuch as the Order denying injunction is non-final in nature, the case remains pending.
3. U.S. BANK, NATIONAL ASSOCIATION, ETC. VS CASA AUCTIONS, ET AL., Case No. 17-15475 CA 30 (Circuit Court – 11th Judicial Circuit in and for Miami Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 6345 Collins Avenue, Unit 429, Miami Beach, FL. The Summons and Amended Complaint were served on the City on April 13, 2018.
The City’s Answer and Affirmative Defense(s) were filed on April 18, 2018.
4. LAVANCE ADDERLY V. JOHN EDWARD LASURE AND CITY OF MIAMI BEACH, Case No. 2018-006412-CA-01 (Circuit Court – 11th Judicial Circuit in and for Miami Dade County, Florida)
Lavance Adderley, was a passenger in a vehicle that was struck by a City Employee, John Edward Lasure. The City’s employee was operating a City vehicle at State Road 112 and the intersection with NW 42nd Avenue, Miami, Miami-Dade County, Florida on March 31, 2015. The Plaintiff is alleging that he sustained injuries from the accident, and is suing the City of Miami Beach and the City employee driver.
The City will be filing an answer to the complaint on behalf of the City of Miami Beach, and also file a motion to dismiss the complaint against the City employee.
5. MARIA MOREJON V. CARLTON STEWART AND CITY OF MIAMI BEACH, Case No. 2018-008028-CA-01 (Circuit Court – 11th Judicial Circuit in and for Miami Dade County, Florida)
On May 1, 2016, Maria Morejon, (the “Plaintiff”) was operating a 2004 Toyota vehicle while attempting to exit a parallel parking spot facing northbound on Dickens Avenue at or about the intersection of 75th Street in Miami Beach, Florida.
A City of Miami Beach employee, Carlton Stewart, was operating a 2013 Ford vehicle traveling westbound to northbound on Dickens Avenue, and is alleged to have carelessly and negligently operated the City 2013 Ford vehicle by crashing into the front of the Ford vehicle into the driver side front quarter panel of the plaintiff’s 2004 Toyota vehicle, which resulted in injuries to the plaintiff. The Plaintiff is suing the City and Mr. Stewart individually.
The City will file our answer to the complaint on behalf of the City of Miami Beach, and also file a motion to dismiss the complaint against the City employee.
6. THE BANK OF NY MELLON, ETC. VS LACEY HOLDINGS, LLC, ET AL., Case No. 18-6218 CA 24 (Circuit Court – 11th Judicial Circuit in and for Miami Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 400 S. Pointe Drive, Unit 1206, Miami Beach, FL. The Summons and Verified Complaint were served on the City on April 18, 2018.
The City’s Answer and Affirmative Defense was filed on April 26, 2018.