HomeMy WebLinkAboutBack-Up Documents• IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA.
❑ IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA.
DIVISION
❑x CIVIL
❑ DISTRICTS
El OTHER
SUMMONS 20 DAY CORPORATE SERVICE
(a) GENERAL FORMS
PLAINTIFF(S)
MARIA D. HANDAL
THE STATE OF FLORIDA:
To Each Sheriff of the State:
VS. DEFENDANT(S)
CITY OF MIAMI
YOU ARE COMMANDED to serve this summons and copy of the complaint or petition in this action on
defendant(s): CITY OF MIAMI
By Serving: The Mayor Francis X. Suarez
City of Miami Mayor's Office, 3500 Pan American Drive
Miami, Florida 33133
Each defendant is required to serve written defense to the complaint or petition on
Plaintiffs Attorney: Thomas Robertson and Nicholas Rodriguez
whose address is: Bercow Radell Fernandez Larkin & Tapanes, PLLC
200 S. Biscayne Boulevard, Suite 300
Miami, Florida 33133
CASE NUMBER
2024-002899-CA-01
within 20 days " Except when suit is brought pursuant to s. 768.28, Florida Statutes, if the State of Florida, one of its agencies,
or one of its officials or employees sued in his or her official capacity is a defendant, the time to respond shall be 40 days.
When suit is brought pursuant to. 768.28, Florida Statutes, the time to respond shall be 30 days." after service of this summons
on that defendant , exclusive of the day of service, and to file the original of the defenses with the Clerk of this Clerk Court either before
service on Plaintiff's attorney or immediately thereafter. If a defendant fails to do so, a default will be entered against that defendant for
the relief demanded in the complaint or petition.
JUAN FERNANDEZ-BARQUIN
CLERK OF THE COURT AND COMPTROLLER
MIAMI-DADE COUNTY
CIRCUIT AND COUNTY COURTS
BY:
- Re 4eyra
DEPUTY CLERK
DATE
AMERICANS WITH DISABILITIES ACT OF 1990
ADA NOTICE
"If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision of certain
assistance. Please contact Aliean Simpkins, the Eleventh Judicial Circuit Court's ADA
Coordinator, Lawson E. Thomas Courthouse Center, 175 NW 1st Avenue, Suite 2400,
Miami, FL 33128; Telephone (305) 349-7175; TDD (305) 349-7174, Email
ADA(djudlLflcourts.org; or via Fax at (305) 349-7355, at least seven (7) days before your
scheduled court appearance, or immediately upon receiving this notification if the time
before the scheduled appearance is less than seven (7) days; if you are hearing or voice
impaired, call 711."
CLK/CT. 314 Rev. 06/23
Clerk's web address: www.miamidadeclerk.gov
Filing # 192132847 E-Filed 02/16/2024 01:26:07 PM
IN THE CIRCUIT COURT OF THE ELEVENTH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE
COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.
MARIA D. HANDAL,
Plaintiff,
v.
CITY OF MIAMI,
Defendant.
COMPLAINT
COMES NOW, Plaintiff, MARIA D. HANDAL, by and through undersigned counsel,
and hereby sues the Defendant, the CITY OF MIAMI (the "City") and states:
JURISDICTION, VENUE, AND PARTIES
1) This Court has jurisdiction over this matter because Plaintiff's damages exceed
$50,000.00, exclusive of attorney's fees, interests, and costs.
2) Plaintiff owns the real property located in Miami -Dade County, Florida that is at
issue in this dispute.
3) Actions to Quiet Title are actions in rem. Mullin v. County of Polk, 76 So. 2d 282
(Fla. 1954). Condemnation actions, partition actions, ejectment actions, and quiet title actions are
other examples of in rem actions where the res is real property. All such in rem actions, where the
res is real property, must be brought in the county in which the land lies because the court must
have direct control (geographical jurisdiction) over the res in order to exercise its jurisdiction and
grant the relief sought. Publix Super Markets v. Cheesbro Roofing, 502 So. 2d 484, at 487 (Fla.
5th DCA 1987).
4) Under Fla. Stat. § 47.001 (2023), venue lies in Miami -Dade County, Florida
because the Plaintiffs causes of action arose in Miami -Dade County, Florida, and the Defendant
is located in Miami -Dade County, Florida.
5) Defendant is a municipal corporation and subdivision under the laws of Florida and
is located in Miami -Dade County, Florida.
BACKGROUND
6) Plaintiff is the owner of the property located at 1640 W Flagler Street, Miami,
Florida, identified by Folio No.: 01-4102-006-0390 (the "Property").
7) A true and correct copy of Plaintiffs Warranty Deed is attached as Exhibit "A".
8) The Property, at all times relevant to this action, has been and continues to be a
Retail Outlet.
9) In 2016, the Property was cited by the Unsafe Structures Department for work
conducted without permits.
10) On or about May 16, 2016, the Property was cited by the Code Enforcement
Department for numerous violations, including work without a permit and failure to obtain a
Certificate of Use, under Case Number CE2016009162.
11) On April 26, 2017, the Code Enforcement Board entered a Final Administrative
Order that required Plaintiff to comply the Code Enforcement violations by June 27.2017, at which
time a daily running fine of $250 per day would run until compliance was achieved.
2
12) Plaintiff obtained permits and preformed work to bring the Property into
compliance. An inspection of the property took place on January 29, 2018, an inspection which
showed that the property was in compliance.
13) On January 29, 2018, following the inspection, correspondence was sent to the
Plaintiff stating that the violation issued by the Unsafe Structures Department had been closed.
14) However, Plaintiff's did not realize that closure of the Unsafe Structure Department
Case did not automatically close the Code Enforcement Case.
15) On May 24, 2019, the Final Administrative Order from the Code Enforcement
Board was recorded in Official Record Book 31456, Page 2918 of the Public Records of Miarni-
Dade County (the "Lien"). A true and correct copy of the Lien is attached hereto as Exhibit "B."
16) Despite correcting the above referenced violations in January of 2018, the Code
Enforcement case and associated fine was not deemed complied until approximately February 1,
2019 (approximately 584 days after the compliance deadline).
17) Plaintiff currently has outstanding fines of approximately $146,000.00, subject to
final confirmation from the City.
18) Pursuant to Chapter 2, Article X of the Code any code enforcement fines for non-
residential properties that have been unpaid for over 270 days are not eligible for mitigation.
19) Prior to filing this suit, Plaintiff communicated with the City in an attempt to
mitigate the fines, the City refused and confirmed that mitigation was no longer possible under the
Code.
COUNTI
QUIET TITLE
20) Plaintiff reincorporates and realleges Paragraphs 1 to 19 as if fully set forth herein.
3
21) The Order imposed a lien on the Property.
22) Plaintiff purchased the Property in fee simple pursuant to a Warranty Deed dated
July 15, 2009, as recorded in Official Records Book 26493 at Page 1592 of the Public Records of
Miami -Dade County, Florida on July 16, 2009. See Exhibit "A".
23) Accordingly, Plaintiff has deraigned title to the Property for a period of over seven
(7) years before filing the instant lawsuit. See Fla. Stat. § 65.061 (2023).
24) As such, Plaintiff is authorized to bring an action to quiet title to the Property and
clear any cloud on its title. See Fla. Stat. § 65.031 (2023).
25) Plaintiff has a compelling interest in removing the cloud of title imposed by the
Order and lien because the Property's title is currently unmarketable.
WHEREFORE, Plaintiff, MARIA D. HANDAL, respectfully requests that this Court
enter judgment in its favor, remove the cloud of title currently hindering the Property, and award
any other relief allowable under Florida law that this Court deems proper.
COUNT II
DECLARATORY RELIEF
26) Plaintiff reincorporates and realleges Paragraphs 1 to 19 as if fully set forth herein.
27) This is an action for declaratory relief brought pursuant to Fla. Stat. § 86.011
(2023).
28) Plaintiff is entitled to have any doubt regarding its rights regarding the Property in
question resolved, including any cloud or encumbrance upon the Property, resolved.
29) Plaintiff has cured the violation and complied with the Order and the Code and has
attempted to remove the lien but has been unable to close the Code Enforcement Case due to the
lien imposed as a result of the Board's Order and subsequent fines.
4
WHEREFORE, Plaintiff, MARIA D. HANDAL, respectfully requests this Court:
a) Declare that the Property is free from any cloud or encumbrance.
b) Order any further relief this Court deems appropriate.
Plaintiff further demands judgment in favor of Plaintiff as to all issues raised in this
declaratory action.
Respectfully submitted,
/S/ Thomas H. Robertson
Tom Robertson
Florida Bar No. 301991
trobertson@brzoninglaw.com
/S/ Nicholas Jay Rodriguez -Caballero
Nicholas Jay Rodriguez -Caballero
Florida Bar No. 1022156
nrodriguez(a�brzoninglaw .com
Counsel for Plaintiffs
BERCOW RADELL FERNANDEZ LARKIN &
TAPANES, PLLC
200 S. Biscayne Blvd., Ste. 300
Miami, Florida 33131
(305) 374-5300 (phone)
(305) 377-6222 (fax)
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was sent by electronic
mail through the Florida Court e-file Portal on this 16th day of February, 2024.
/S/ Thomas H. Robertson
Thomas H. Robertson
5
EXHIBIT "A"
1111111111111111111 11111111111111111111111111
This Document Prepared By:
Milagros R. Vazqu z, Esq.
Milagros R. Vazquez, P.A.
901 Ponce D Leon Blvd., Suit 204
Coral Gabl s, Florida 33134
Parcel ID Number: 01- 4102 - 0 0 6- 0390
Warranty Deed
This Indenture,
PEPE & SONS,
of Florida
of the County of MIAMI-DADE
MARIA D. SANDAL, a married
Made this 15 th day of July
INC., a corporation existing under
woman
whose address is: 1640 W. FLAGLER STREET, Miami,
of the County of Miami -Dade ,
Witnesseth that the GRANTOR, for and in consideration of the sum of
1-1+1 21_i09f�r i�11S62 r�
OR E°.k 26943 P9 1592; (1p9)
RECORDED 07/16/2009 14:05:30
DEED DOC: TAX: 5r100.00
SURTAX 3.825.00
HARVEY RUVIH. CLERK OF COURT
11IAtkI-DADE COUNTY? FLORIDA
LAST PAGE
, 2009 A.D.
the laws of
Between
the State
State of Florida , grantor, and
FL 33135
State of Florida , grantee.
DOLLARS,
and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has
granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, the following described land, situate,
lying and being in the County of Miami -Dade State of Florida to wit:
Lot 5, Block 66, of LAWRENCE ESTATE LAND COMPANY SUBDIVISION,
according to the Plat thereof, as recorded in Plat Book 2, at Page
46, of the Public Records of Miami -Dade County, Florida.
LESS that portion thereof described as follows: Begin at the North
West corner of said Lot 5 and thence run South 1'48'18" East along
the West line of said Lot 5, for a distance of 5.35 ft. to the point
of intersection with a circular curve concave to the South, the
cent r of which line bears South 8°27'17" East; thence run easterly
along the arc of said circular curve concave to the South, having a
radius of 919.93 ft., through a central angle of 3°03'34", for an arc
distance of 49.12 ft.; thence run North 1'48'18" West, for a distance
of 1.37 ft. to the point of intersection with the North line of said
Lot 5; thence run South 87'43°35°" West, along the North line of said
Lot 5 for a distance of 48.92 ft. to the North West corner of said
Lot 5 and the point of beginning.
Subj ct to restrictions, reservations and easements of record, if
any, and taxes for 2009 and subsequent years.
Subj ct to Purchase Money First Mortgage executed on even date
h rwith by Grantee in favor of Grantor in the principal sum of
$800,000.00.
and the grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims
In Witness Whereof, the grantor has hereunto set its hand and
Signed, sealed
P
Witt •=s :I
Pr
Witn-s
and delivered in our presence:
STATE OF Florida
COUNTY OF MIAMI -DADE
The foregoing instrument was acknowledged before me this 15 th day of July , 2 0 0 9
JOSE ESTRABAO, PRESIDENT and LIZETTE D. ESTRABAO, SECRETARY of PEPE
SONS, INC., a Florida Corporation, on behalf of the corporation
who are personally known to me or who have.nrduced their
hatlitiltROS R wAZQUEL `= identification.
MY COMMISSION a DO 868023
EXPIRES: May 26, 2013
Boon d Ttw Haary PU C Underwriters
Pri7hted Nam :
Notary Public
My Commission Expires:
seal the day and year first above written.
PEPE & SONS, INC.
By.
JOSE EST
P.Q. Addr s: 120
of all persons whomsoever.
PRESIDENT
104 4NENUE, MIAMI, FL 33174
(Seal)
By- . C (Seal)
LIZE D. ES O, SECRETARY
P.O. Address: 1201 SW 104 AVENUE, MIAMI, FL 33174
(Corporate Seal)
by
09-05-0987
t.aaea Generated by O Display System., Inc., 2009 (863) 763-5355 Form FLWD- I
Book26943/Page1592 CFN#20090516627
Page 1 of 1
EXHIBIT "B"
THE CITY OF MIAMI, FLORIDA
CODE ENFORCEMENT BOARD
vs.
MARIA D HANDAL
1640 W FLAGLER ST
MIAMI, FL 33135
Tenant:
CFN: 20190324196 BOOK 31456 PAGE 2918
DATE:05/24/2019 12:23:42 PM
HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY
City of Miami
May 22, 2019
CR: CE2016009162
Case No: CE2016009162
Address: 1640 W FLAGLER ST
Folio: 0141020060390
Legal: LAWRENCE EST LAND COS SUB PB 2-46 PT OF LOT 5
BLK 66 DESC BEG 5.35FTS OF NW COR OF LOT 5 TH
S114.65FT E5OFT N118.63FT SWLY49.12FT TO POB LOT SIZE
50.000 X 117 OR 15056-132 0691 1
Hearing Date: April 26, 2017
FINAL ADMINISTRATIVE ENFORCEMENT ORDER
The Code Enforcement Board has found you guilty of violating the following laws:
You are hereby ordered to correct said violation by June 27, 2017. If you fail to comply by said date, you will thereafter be fined the sum
of $250 per day. It is your responsibility to advise the Inspector immediately after the violation has been corrected to obtain an Affidavit
of Compliance. Failure to obtain an Affidavit of Compliance will result in the continuing accrual of the daily fine.
This Order shall constitute a lien against the above referenced property and any other real or personal property that you own once it is
recorded in the Public Records of Miami -Dade County. LIENS THAT REMAIN UNPAID FOR THREE (3) MONTHS MAY BE
FORECLOSED IN COURT. In addition, the Certificate of Use and Occupational License of any business occupying this property may
be suspended or withheld. Operating a business without all required licenses is illegal under state and city law, and is punishable by
criminal arrest and/or closing the business.
Should you have any questions regarding this Enforcement Order, or if you wish to advise the Code Enforcement Board that the
violation has been corrected, please call Henry Andelo de Armas at (305) 329-4770.
City of Miami Code Enforcement Board
This is to certify that the foregoing is a true and correct copy of the document on file dated May 22, 2019 of the Code Enforcement
Board. Officially filed and rendered on May 22, 2019 in the records of the City of Miami, Hearing Boards.
Prepared by:
Olga Zamora
Deputy Clerk of Hearing Boards