R10A - City Attorney's Status Report

City Attorney Reports/Executive Sessions - R10 A

COMMISSION MEMORANDUM

TITLE:

CITY ATTORNEY'S STATUS REPORT

RECOMMENDATION

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

1. JUAN FERNANDEZ-BARQUIN, AS CLERK OF THE COURT AND COMPTROLLER FOR MIAMI-DADE COUNTY, FLORIDA V. ALBERTO RODRIGUEZ, MARIE CLAIRE RODRIGUEZ, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., A/K/A MERS AS NOMINEE FOR FIRST FRANKLIN A DIVISION OF NATIONAL CITY BANK, FIRST FRANKLIN FINANCIAL CORPORATION A/K/A FIRST FRANKLIN A DIVISION OF NATIONAL CITY BANK, CITY OF MIAMI, CITY OF HIALEAH, UNITED STATES OF AMERICA, YOLANDA DEL ROSARIO REYES RODRIGUEZ, ANA MARIA AMADOR, MELISSA LOMBANA, STATE OF FLORIDA ELEVENTH JUDICIAL CIRCUIT, GULFSIDE SUPPLY, INC., D/B/A GULFEAGLE SUPPLY, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY A/K/A STATE FARM MUTUAL AUTO INS. CO. A/S/O FRANKLYN TELLEZ, FRANKLYN TELLEZ, INDIVIDUALLY, RONNIE L. FORMAN, AS TRUSTEE FOR THE RONNIE L. FORMAN REVOCABLE TRUST AGREEMENT DATED 03/09/2007, CITY OF MIAMI BEACH, STATE OF FLORIDA DEPARTMENT OF REVENUE CHILD SUPPORT ENFORCEMENT, MERCEDES RODRIGUEZ, TARGET'S INVESTIGATION, INC., LVNV FUNDING, LLC, ARROW FINANCIAL SERVICES, LLC AS ASSIGNEE OF HSBC, THE ISSUER OF METRIS CREDIT ACCOUNT, AUTONATION FINANCIAL SERVICES CORP., ADVOCATE CREDIT CORP., CACH, LLC, JOHN DEERE FINANCIAL F.S.B. F/K/A FPC FINANCIAL F.S.B. PORTFOLIO RECOVERY ASSOCIATES, LLC, SUNROCK PROPERTIES, INC., MIDLAND FUNDING NCC-2 CORP. POPULAR BANK F/K/A BANCO POPULAR NORTH AMERICA, AMERICAN EXPRESS NATIONAL BANK AS SUCCESSOR FINANCIAL INSTITUTION TO AMERICAN EXPRESS CENTURION BANK, JP MORGAN CHASE BANK, N.A. AS SUCCESSOR FINANCIAL INSTITUTION TO CHASE BANK USA, N.A., CAPITAL ONE BANK (USA), N.A., F/K/A CAPITAL ONE BANK, ASSET ACCEPTANCE, LLC, AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER OR AGAINST DEFENDANT(S), WHETHER LIVING OR NOT AND WHETHER SAID UNKNOWN PARTIES CLAIM AS HEIRS, DEVISEES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS, TRUSTEES OR IN ANY OTHER CAPACITY, CLAIMING BY, THROUGH, UNDER OR AGAINST THE ABOVE-NAMED DEFENDANT(S) Case No. 2025-7024-CA-04 (Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County, Florida)

This is a Complaint for Interpleader in connection with the Tax Deed Sale of the property located at 11416 SW 150 Drive, Miami, Florida. The Summons and Verified Complaint to Foreclose Mortgage (the “Complaint”) was served on the City on July 15, 2025.

The Complaint alleges that the city may claim an interest in the property by virtue of a lien recorded against the property located at 5445 Collins Avenue, Unit 522, Miami Beach, Florida which was previously owned by Alberto Rodriguez.

The Answer and Affirmative Defenses was timely filed on July 16, 2025, asserting the city’s position that the lien referenced in the Complaint was released and that the city is waiving any claim to the tax deed sale surplus.

2. ASSET STREET LLC V 7735 HAWTHORNE LLC A/K/A 7735 HAWTHORNE, LLC, A DELAWARE LIMITED LIABILITY COMPANY, ET AL Case No. 2025-13416-CA-15 (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 7751 Hawthorne Avenue, Miami Beach, Florida. The Summons and Verified Complaint to Foreclose Mortgage (the “Complaint”) was served on the City on July 23, 2025.

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

The Answer and Affirmative Defenses was timely filed on July 24, 2025, asserting the City’s position vis-à-vis the code enforcement liens that the Plaintiff is seeking to foreclose.

3. ASSET STREET LLC V 7735 HAWTHORNE LLC A/K/A 7735 HAWTHORNE, LLC, A DELAWARE LIMITED LIABILITY COMPANY, ET AL Case No. 2025-13418-CA-15 (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 7741 Hawthorne Avenue, Miami Beach, Florida. The Summons and Verified Complaint to Foreclose Mortgage (the “Complaint”) was served on the City on July 23, 2025.

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

The Answer and Affirmative Defenses was timely filed on July 24, 2025, asserting the City’s position vis-à-vis the code enforcement liens that the Plaintiff is seeking to foreclose.

4. ENEIDA LOPEZ V. MIAMI-DADE COUNTY, CITY OF MIAMI BEACH, FLORIDA DEPARTMENT OF TRANSPORTATION & HEI HOSPITALITY, LLC D/B/A ROYAL PALM SOUTH BEACH Case No. 2025-010030-CA-31 (Circuit Court of the 11th Judicial Circuit in and for Miami- Dade County, Florida)

Plaintiff Eneida Lopez has sued the County, the City, FDOT, and the owner of the Royal Palm hotel, alleging that each entity was negligent in maintaining the sidewalk in front of the hotel at 1545 Collins Ave. Plaintiff alleges that on May 28, 2023, she tripped and fell due to a removed-stop-sign post in front of the hotel.

The Office of the City Attorney will vigorously defend this action.

5. ESTHER GUERRA V CITY OF MIAMI BEACH Case No. 2025-013711-CA-22 (Circuit Court of the 11th Judicial Circuit in and for Miami- Dade County, Florida)

This is a negligence action in which Plaintiff Guerra alleges that on February 27, 2024, she was “walking at or near the parking garage at 1661 Pennsylvania Ave., Miami Beach” when “she was caused to trip and fall due to a sudden change in elevation due to an improperly placed rubber wheel stop tripping hazard on the ground.” Plaintiff alleges that the City’s negligence proximately caused the Plaintiff to fall.

The Office of the City Attorney will vigorously defend this matter.

6. ARTURO TAQUECHEL V. BITES MIAMI BEACH, LLC, D/B/A ROASTER’S NY DELI, LONDON FAMILY PARTNERSHIP, LLC, AND THE CITY OF MIAMI BEACH, A FLORIDA MUNICIPAL CORPORATION Case No. 2024-021052-CA-25 (Circuit Court of the 11th Judicial Circuit in and for Miami- Dade County, Florida)

This is a negligence action in which Plaintiff Arturo Taquechel alleges that on August 30, 2023, he slipped and fell on a puddle of water and/or other slippery substance that had accumulated on the public right of way near the rear exit of Roaster’s NY Deli, located at 525 Arthur Godfrey Road in Miami Beach. Plaintiff alleges that the City, Roaster’s NY Deli (as tenant) and London Family Partnership LLC (as landlord) each were negligent in allowing the water/substance to be present without warning signs.

The Office of the City Attorney will vigorously defend this matter.

7. MARILYN SANCHEZ V. CITY OF MIAMI BEACH, A FOREIGN CORPORATION Case No. 2025-015158-CA-25 (Circuit Court of the 11th Judicial Circuit in and for Miami- Dade County, Florida)

This is a negligence action in which Plaintiff Marilyn Sanchez alleges that on September 4, 2023, she was “walking along a public access walkway leading to South Beach near 7th Street and Ocean Drive when her foot became lodged in a defective, fraying and hazardous beach access mat.” Plaintiff alleges that the City was negligent “in allowing a defective, fraying and hazardous beach access mats to exist within the subject walkway.” Plaintiff’s complaint consists of one count.

The Office of the City Attorney will vigorously defend this matter.

8. WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF MORGAN STANLEY CAPITAL I TRUST 2019-H7 V. SOUTH BEACH RESORT DEVELOP, LLC ET AL. Case No. 2025-015208-CA-04 (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 1437 and 1458 Ocean Drive, Miami Beach, Florida. The Summons and Verified Complaint to Foreclose Mortgage (the “Complaint”) was served on the City on August 12, 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.

9. ALEXANDER PHILLIP HALL V CITY OF MIAMI BEACH, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA; MATTHEW MESZAROS, INDIVIDUALLY AND IN HIS CAPACITY AS A POLICE OFFICER FOR THE CITY OF MIAMI BEACH, FLORIDA; AND JOHN NOVO, INDIVIDUALLY AND IN HIS CAPACITY AS A POLICE OFFICER FOR THE CITY OF MIAMI BEACH Civil Action No. 1:25-cv-23495-DPG (United States District Court for the Southern District of Florida)

This is a civil rights action in which Plaintiff alleges that on September 16, 2024, he was unlawfully detained by Officers Matthew Meszaros and John Novo at or around “the 500

block of Euclid Avenue.” Plaintiff claims the officers ordered him to the ground and an officer punched him in the back. He was subsequently arrested for “resisting officer without violence,” a charge later dismissed. The federal lawsuit is filed under 42 U.S.C. § 1983. Count I is a claim against the City under Monell, Count II is a claim against Matthew Meszaros, and Count III is a claim against John Novo.

The Office of the City Attorney will vigorously defend this matter.

10. HILTON WOLMAN V. CITY OF MIAMI BEACH, MIAMI BEACH POLICE DEPARTMENT AND JAMES DOUGLAS NOLAN Case No. 2025-014862-CA-30 (Circuit Court of the 11th Judicial Circuit in and for Miami- Dade County, Florida)

This is a negligence action involving a motor vehicle accident. Plaintiff Wolman alleges that he was driving his vehicle when Co-Defendant Nolan, an employee of the City, collided with Plaintiff's vehicle. This collision allegedly caused Plaintiff to sustain serious injuries and total damage to his vehicle. The incident occurred on September 6, 2023, at “I-95 Express Lanes at locator mark Lat. 25 51.5929 Log. W 80 12.4828, Miami-Dade County, Florida (near 95th street).”

Plaintiff’s complaint sets forth three counts: Count I is a claim against the City for being “vicariously liable for Officer Nolan’s negligence”; Count II is a claim against the MBPD for being “vicariously liable for the negligent actions of Officer Nolan”; and Count III is a claim for negligence against Officer Dolan.

The Office of the City Attorney will vigorously defend this matter.

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)