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HomeMy WebLinkAboutBack-Up Documents❑X 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 0 CIVIL 0 DISTRICTS ❑ OTHER SUMMONS 20 DAY CORPORATE SERVICE (a) GENERAL FORMS CASE NUMBER 2024-008933-CA-01 PLAINTIFF(S) QUE BOLA ASERE, INC. VS. DEFENDANT(S) CITY OF MIAMI SERVICE THE STATE OF FLORIDA: To Each Sheriff of the State: 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 33131 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 SABRINA COOPER BY: DEPUTY CLERK DATE MAY 1 202414 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(&,,jud11.flcourts.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: wwn.u.miamidadeclerk.gav Filing # 198415282 E-Filed 05/15/2024 05:16:49 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CIVIL DIVISION CASE NO. QUE BOLA ASERE, INC., Plaintiff, v. CITY OF MIAMI, Defendant. COMPLAINT COMES NOW, Plaintiff, QUE BOLA ASERE, INC., 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 is a Florida limited liability company and 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 Plaintiff's 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 1168 NW 2 Street, Miami, Florida, 33128 (the "Property"), which is legally described as: The East 50' of the West 100' of Lots 8 and 9, of Block 11, except the North 10' of the said East 50' heretofore dedicated to the City of Miami for street purposes, LAWRENCE ESTATE LAND COMPANY SUB., according to the plat thereof recorded at Plat Book 2, Page 46, in the Public Records of Miami -Dade County, Florida. Identification (Folio) Number: 01-4102-005-2040. A true and correct copy of Plaintiff's Warranty Deed is attached as Exhibit "A". 7) The Property, at all times relevant to this action, has been and continues to be a commercial unit. 8) In 2019, the Property was cited by the City's Code Enforcement Department. 9) On March 11, 2021, Code Enforcement Board (the "Board") for the City imposed a Final Administrative Enforcement Order ("Enforcement Order") for: Parking lot not conforming 2 with the Off -Street parking Guides and Standards, Miami SEC 7 3.6.3 Article 4, Table 3.7.2; and Parking on unimproved surfaces, Miami SEC 3.6.3. A true and correct copy of the Enforcement Order is attached as Exhibit "B". 10) The violations were primarily caused by Plaintiff's tenant, not Plaintiff 11) The Enforcement Order required Plaintiff to pay a daily fine of $250 a day until Plaintiff cured the violation. Id. The fines began to accrue and the order constituted a lien against the property. 12) Plaintiff removed parked cars and secured the property with a locked chain link fence to bring the Property into compliance. 13) Plaintiff managed to bring the property into compliance, but the fines remain pending. 14) Due to the time it took to clarify the scope of the violation, obtain building permits, complete the work, and obtain inspection to confirm resolution of the violation, the case remained open until May 2, 2023 — 1,057 days — resulting in a fine of approximately $264,250.00. 15) The fines imposed by the Orders have been unpaid for over 270 days. According to Chapter 2, Article X of the Code, these fines are not eligible for mitigation. 16) Prior to filing this suit, Plaintiff communicated with Defendant in an attempt to mitigate the fines. But Defendant refused and confirmed that mitigation was no longer possible under the Code. COUNT I QUIET TITLE 17) Plaintiff reincorporates and realleges Paragraphs 1 to 16 as if fully set forth herein. 18) The Enforcement Orders imposed liens on the Property. 3 19) Plaintiff has undergone good faith efforts to comply with the Enforcement Orders but has been unable to due to Defendant's undue delay. 20) Plaintiff purchased the Property in fee simple pursuant to a Warranty Deed dated June 30, 2017, as recorded in Official Records Book 30603 at Page 279 of the Public Records of Miami -Dade County, Florida on July 7, 2017. See Exhibit "A". 21) Plaintiff purchased the Property from Eric Rodriguez -Schack who purchased the Property in 2012 pursuant to a Warranty Deed dated September 24, 2012, as recorded in Official Records Book 28299 at Page 4942 of the Public Records of Miami -Dade County on October 4, 2012. See Exhibit "C". 22) Accordingly, Plaintiff can and 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). See Exhibit "A" and Exhibit "C". 23) 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). 24) Plaintiff has a compelling interest in removing the cloud of title imposed by the Orders and liens because the Property's title is currently unmarketable. WHEREFORE, Plaintiff, QUE BOLA ASERE, INC., 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 25) Plaintiff reincorporates and realleges Paragraphs 1 to 16 as if fully set forth herein. 4 (2023). 26) This is an action for declaratory relief brought pursuant to Fla. Stat. § 86.011 27) Plaintiff is entitled to have any doubt regarding its rights regarding the Property in question, including any cloud or encumbrance upon the Property, resolved. 28) Plaintiff has cured the violations which are practically curable and complied with the Orders and the Code and has attempted to remove the liens but has been unable to close the Code Enforcement Case due to the lien imposed as a result of the Board's Orders and subsequent fines. WHEREFORE, Plaintiff, QUE BOLA ASERE, INC., 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 tobertson@brzoninglaw. com /S/ Nicholas Jay Rodriguez -Caballero Nicholas Jay Rodriguez -Caballero Florida Bar No. 1022156 nrodriguez@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) 5 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 15th day of May 2024. /S/ Thomas H. Robertson Thomas H. Robertson 6 Exhibit A Prepared by: Jacqueline A Salcines, Esq. Attorney at Law Jacqueline A. Salcines, P.A. 706 South Dixie Highway Second Floor Coral Gables, FL 33146 305-669-5280 File Number: 2017-177 CFN: 20170386052 BOOK 30603 PAGE 279 DATE:07/07/2017 09:57:10 AM DEED DOC 1,680.00 SURTAX 1,260.00 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY Return to: Ivette Rodriguez, P.A. 201 Alhambra Circle, Suite 500 Coral Gables, FL 33134 [Space Above This Line For Recording Data] Warranty Deed This Warranty Deed made this 30th day of June, 2017 between Eric Rodriguez -Shack, a single ratan, whose post office address is 611 SW 23 Road, Miami, FL 33129, Grantor, and Que Bola Asere, Inc., a Florida Coporation, whose post office address is 1425 S 25th Avenue, Hollywood, FL 33020, Grantee; (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of eoiporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Miami -Dade County, Florida to -wit: The East 50' of the West 100' of Lots 8 and 9, of Block 11, except the North 10' of the said East 50' heretofore dedicated to the City of Miami for street purposes, LAWRENCE ESTATE LAND COMPANY SUB,, according t.o the plat thereof recorded at Plat Book 2, Page 46, in the Public Records of Miami -Dade County, Florida. Parcel Identification Number; 014102-005-2040 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the saute in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the ]awful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2016, DoubleThneo txnmoo City of Miami CFN: 2U21O2389R5BOOK 32435PAGE 2O0S DATE:04/07/2021 00:51:04 AM HARvsYRuvm.CLERK orCOURT, MIA-Dx\osCTY THE CITY DFyNk4M|.FLORIDA CODEENRORCEW1ENTBO4RD March 30`2O21 VS. CR: CE2019008507 Case No: CE2019008507 QUE BOLA ASERE INC 1425SO5AVE Address: 11S8NVV28T FoUn:0141020052040 Legal: LAWRENCEESTATE LAND COS SUB VV50FTOFE1OOFT LOTS 8Q8LESS N1OFT BU<11PB2-48LOT SIZE 50.0O0X8O OR109O6-8451V8V1 Hearing Date: March 11.2V20 FINAL ADMINISTRATIVE ENFORCEMENT ORDER The Code Enforcement Board has found you guilty of violating the following laws: - 2115 Parking lot not conforming with the Off-street parking Guides and Standards.. Miami 21, SEC 3.6.3 ART ART 4 TBL 3.7,2 - 2107 Parking on unimproved surfaces. Miami 21 Sectin 3.6.3 You are hereby ordered tucorrect said violation by June 09, 2020. If you fall to comply by said date, you will thereafter be fined the sum of $250per day. |t 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 alien against the above referenced property and any other real orpersonal 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 Yacmnny Salvatienaat Cell Phone Number: (786)O96-0034urOffice Phone Number: (305) 416-2087. City of Miami Code Enforcement Board This is0zcertify that the foregoing is a true and correct copy ofthe document onfile dated March 3O.2021cf the Code Enforcement Board. Officially filed and rendered on March 30, 2021 In the records of the City of Miami, Hearing Boards. Prepared by: Olga Zamora Deputy Clerk of Hearing Boards Exhibit C 111111111111111111111111111111111111111111111 THIS INSTRUMENT PREPARED BY AND RETURN TO: Stephanie Howard ALL ABOUT CLOSING, INC. 401 E. LAS OLAS BLVD., Suite 1400 FT. LAUDERDALE, FL 33301 Our File No.: 2481 Property Appraisers Parcel Identification (Folio) Number: 01-41020052040 Florida Documentary Stamps in the amount of MIMI have been paid hereon. SPACE ABOVE THIS LINE FOR RECORDING DATA CFN 2012R0707611 OR Bk 282299 Ps 4942 r (1139 ) RECORDED 10/04/2012 11: 01: 2►0 DEED DOC TAX 402.00 HARVEY RUVIHr CLERK OF (:OURI MIAMI-DADE COUNTY, FLORIDA LAST PAGE WARRANTY DEED THIS WARRANTY DEED, made the 24th day of September, 2012 by Bayshore Trust, LLC, A Florida Limited Liability Company, whose post office address is 201 S. Biscayne Blvd., 28th FL, Miami , FL 33131 herein called the Grantor, to Eric Rodriguez -Schack, A Single Man whose post office address is 611 SW 23rd Road, Miami, FL 33129, hereinafter called the Grantee: (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) W I T N E S S E T H: That the Grantor, for and in consideration of the sum of TEN AND 00/100'S ($10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee all that certain land situate in MIAMI-DADE County, State of Florida, viz.: The East 50' of the West 100' of Lots 8 and 9, of Block 11, LAWRENCE ESTATE LAND COMPANY SUB., a subdivision according to the plat thereof recorded at Plat Book 2, Page 46, in the Public Records of Miami -Dade County, Florida, except the North 10' of the said East 50' heretofore dedicated to the City of Miami for street purposes. Subject to easements, restrictions and reservations of record and taxes for the year 2012 and thereafter. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND, the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2011. IN WITNESS WHEREOF, the said Grantor has signed and sealed these Signed, sealed and delivered in the presence of: Baysho STATE OF FLORIDA COUNTY OF BROWARD y and year first above written. Florida Limits. lability Company 1, M t'!i ing Member The foregoing instrument was acknowledged before me this 21s � ,�. September, 2012, by Jason Habali, managing member of Bayshore Trust, LLC who is awn rt me or has produced as identification and [] did /! tad not take an o r h. SEAL AWS©NMOVA MY COMMI6slOu +i 0) i)49182 EXPIPES: Januncp 8, 2014 Bonded Tixu Notary Public twit:twitters Notary Public Printed Notary Name Our File No.: 2481 1-1 ra �»a lr n o n n A (I A el 1.14e1 it A el f17 (17 C 4 01 n o% "airs,