R10A - City Attorney 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. HENRY S. STOLAR V. JOSE R. GONZALEZ AND OTNIEL RODRIGUEZ Case No. 2025-135051-SP 04 County Court in and for Miami-Dade County, Florida (Dade County Courthouse-Central Court)

This is an action for alleged violations of Florida’s Public Records Act. The Office of the City Attorney will vigorously defend this matter.

2. RAMON RUIZ V. CITY OF MIAMI BEACH Case No. 2025-0115680-CA-08 Circuit Court of the Eleventh Circuit in and for Miami-Dade County, Florida

This is an action for alleged violations of Florida’s Public Records Act. The Office of the City Attorney will vigorously defend this matter.

3. MOHAMED MOHAMED ABDELRAHMAN ISMAIL MARIE, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ESMAT AHMED IBRAHIM KHEDR, DECEASED, AND MOHAMED MOHAMED ABDELRAHMAN ISMAIL MARIE, INDIVIDUALLY V. DEMARCUS CORTEZ HARRINGTON, ALFRED MADISON FROST, AND THE CITY OF MIAMI BEACH Case No. 2025-012371-CA-27 Circuit Court of the Eleventh Circuit in and for Miami-Dade County, Florida

In this wrongful-death action, the Estate of decedent Esmat Ahmed Ibrahim Khedr alleges that a City police officer driving near the site of a motor vehicle accident had an affirmative duty to provide emergency aid to an injured person at the site and further alleges that the officer negligently failed to provide such aid. The Estate alleges that the officer’s negligence should be imputed to the City itself. The Office of the City Attorney will vigorously defend this matter.

4. VANESSA VIANA ZBAR V. CITY OF MIAMI BEACH, A MUNICIPAL CORPORATION AND SUBDIVISION OF THE STATE OF FLORIDA, AND SOBE STORAGE, INC, D/B/A SOUTH BEACH STORAGE, A FLORIDA LIMITED LIABILITY COMPANY Case No. 2025-004690-CA-04 County Court of the 11 th Judicial Circuit in and for Miami-Dade County, Florida

In this negligence action, Plaintiff alleges that on March 19, 2021, she tripped and fell on

the sidewalk at or around 1880 West Avenue, which was “damaged, uneven, and unmarked with tree roots rising above the surface.” Plaintiff claims that both the City and SOBE Storage (the adjoining property owner) were negligent in maintaining the sidewalk and failing to warn. The Office of the City Attorney will vigorously defend this matter.

5. JEWISH VOICE FOR PEACE, SOUTH FLORIDA V. CITY OF MIAMI BEACH; STEVEN MEINER, INDIVIDUALLY, AND IN HIS OFFICIAL CAPACITY AS MAYOR OF THE CITY OF MIAMI BEACH; AND DAVID SUAREZ, INDIVIDUALLY Case No. 25-cv-24126 KMW United States District Court for the Southern District of Florida

This is an action brought by an organization against the City, Mayor Meiner and Commissioner Suarez claiming an alleged violation of the First Amendment of the United States Constitution. This matter will be vigorously defended.

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)