R10A - Receive City Attorney's Status Report

City Attorney Reports/Executive Sessions - R10 A

COMMISSION MEMORANDUM

TITLE:

CITY ATTORNEY'S STATUS REPORT

RECOMMENDATION

LAWSUITS FILED BY AND AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST MEETING:

1. U.S. BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE OF LB-IGLOO SERIES VI TRUST V. CARLOS RODRIGUEZ, ET AL Case No. 25-011028-CA-05 (Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County)

This is an action on a mortgage on the real property located at 1949 Marseille Drive, Miami Beach, Florida. The Summons and Complaint to Foreclose Mortgage (the “Complaint”) was served on the City on June 26, 2025.

The Complaint alleges that the City’s interest in the property is inferior to Plaintiff’s interest.

The Answer and Affirmative Defenses will be timely filed asserting the City’s position vis- à-vis the three (3) code enforcement liens that the Plaintiff is seeking to foreclose.

2. DEPAZ FAMILY INVESTMENT LLC V BLOOM HOTELS 6060, LLC, A FLORIDA LIMITED LIABILITY COMPANY; DANIEL ARAF; TODD P. LINDEN; RICHARD J VALDES; SIXTY SIXTY CONDOMINIUM ASSOCIATION, A DISSOLVED FLORIDA CORPORATION; CITY OF MIAMI BEACH, FLORIDA, A FLORIDA MUNICIPAL CORPORATION AND POLITICAL SUBDIVISION; AND UNKNOWN TENANTS Case No. 25-012347-CA22 (Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County, Florida)

This is an action on a mortgage on the real property located at 6060 Indian Creek Drive, Miami Beach, Florida. The Summons and Complaint to Foreclose Mortgage (the “Complaint”) was served on the City on July 8, 2025.

The Complaint alleges that the City’s interest in the property is inferior to Plaintiff’s interest.

The Answer and Affirmative Defenses will be timely filed asserting the City’s position vis- à-vis the code enforcement lien that the Plaintiff is seeking to foreclose.

3. ESTEFANY ROSA V THE CITY OF MIAMI BEACH, FL Case No. 25-011083-CA-15 (Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County, Florida)

In her one-count negligence complaint, Plaintiff alleges the City negligently maintained a portion of Washington Avenue between 8th Street and 9th Street, resulting in a substantial and abrupt elevation differential between certain manhole covers and the surrounding pavement. Plaintiff alleges that she was riding her electric scooter on March 5, 2024, when this elevation differential in the subject portion of the roadway caused the scooter to edge of the vertical displacement and eject her from the scooter, resulting in bodily injury. The Office of the City Attorney will vigorously defend this matter.

4. JPMORGAN CHASE BANK, N.A. VS. AM AND JC STARDUST, ET AL., Case No. 2025-012347 CA 01 (Circuit Court – 11th Judicial Circuit in and for Miami-Dade County, Florida)

This is an action on a mortgage on the real property located at 630 79th Street, Miami Beach, Florida. The Summons and Verified Complaint to Foreclose Mortgage (the “Complaint”) was served on the City on July 11, 2025.

The Complaint alleges that the City’s interest in the property is inferior to Plaintiff’s interest.

The Answer and Affirmative Defenses will be timely filed asserting the City’s position vis- à-vis the code enforcement lien that the Plaintiff is seeking to foreclose.

BACKGROUND/HISTORY

ANALYSIS

FISCAL IMPACT STATEMENT

N/A

Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY)

If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/

FINANCIAL INFORMATION

CONCLUSION

Applicable Area

Citywide

Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No

If so, specify the name of lobbyist(s) and principal(s):

Department

City Attorney

Sponsor(s)

Co-sponsor(s)

Condensed Title

City Attorney's Status Report

Previous Action (For City Clerk Use Only)