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HomeMy WebLinkAboutBack-Up DocumentsIEI 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 DISTRICTS O OTHER SUMMONS 20 DAY CORPORATE SERVICE (a) GENERAL FORMS CASE NUMBER 2023-026799-CA-01 PLAINTIFF(S) SEVENTEETH EAST FLAGLER LLC. VS. DEFENDANT(S) CITY OF MIAMI SERVICE ) Oc, ob6 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 Plaintiff's Attorney: Thomas Robertson and Nicholas Rodriguez whose address is: Bercow Radell Fernandez Larkin & Tapanes, PLLC 200 S. Biscayne Boulevard, Suite 300 Miami, Florida 33131 NI NO0'10 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 brougpt 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. UM FERNMOIRARIII MIAMI-OltOE COUNTYI CLERK VIE COURT ANO COMPTROLLER DEPUTY CLERK DATE NOV 2 2 2023 AMERICANS WITH DISABILITIES ACT OF 1.990 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 Ist Avenue, Suite 2400, Miami, FL 33128; Telephone (305) 349-7175; TDD (305) 349-7174, Email ADA(Oud11.11courts.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, 02/23 Clerk's web address: www.rniarnidadeelerKgov Filing # 186531765 E-Filed 11/20/2023 03:50:13 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CIVIL DIVISION CASE NO, SEVENTEEN EAST FLAGLER, LLC, Plaintiff, v. CITY OF MIAMI, Defendant. COMPLAINT COMES NOW, Plaintiff, SEVENTEEN EAST FLAGLER, LLC, 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 corporation 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 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 17 E Flagler Street, Miami, Florida, identified by Folio No.: 01-4137-042-0010.33127 (the "Property"). 7) A true and correct copy of Plaintiff's Special Warranty Deed is attached as Exhibit 8) The Property, at all tunes relevant to this action, has been and continues to be a condominium. 9) On April 8, 2022, the Code Enforcement Board (the "Board") for the City imposed a Final Administrative Enforcement Order ("Enforcement Order") for: failing to maintain the exterior of a commercial or residential property according to City Code Chapter 10 SEC 10-23 & 10-24; and graffiti on Property in violation of City Code SEC 37-2. A true and correct copy of the Enforcement Order is attached as Exhibit "B". 10) 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. 2 11) Plaintiff managed to bring the property into compliance, but the fines remain pending. 12) Despite correcting the above referenced violations, to date, Plaintiff has been unable to close the Code Enforcement Case due to the significant and unreasonable fines that were imposed on the Property as a result of the Board's Order and resulting lien. 13) Plaintiff currently has outstanding fines of approximately $130,750.00, subject to final confirmation from the City. 14) Pursuant to Chapter 2, Article X of the Code any code enforcement fines that have been unpaid for over 270 days are not eligible for mitigation. 15) 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. COUNTI QUIET TITLE 16) Plaintiff reincorporates and realleges Paragraphs 1 to 15 as if fully set forth herein. 17) The Order imposed a lien on the Property. 18) Plaintiff has undergone good faith efforts to comply with the Order but has been unable to due to Defendant's undue delay. 19) Plaintiff purchased the Property in fee simple pursuant to a Special Warranty Deed dated September 12, 2014, as recorded in Official Records Book 29311 at Page 4587 of the Public Records of Miami -Dade County, Florida on September 17, 2014. See Exhibit "A". 20) 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). 3 21) 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). 22) 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, SEVENTEEN EAST FLAGLER, LLC, 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 23) Plaintiff reincorporates and realleges Paragraphs 1 to 15 as if fully set forth herein. 24) This is an action for declaratory relief brought pursuant to Fla. Stat. § 86.011 (2023). 25) 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. 26) 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. WHEREFORE, Plaintiff, SEVENTEEN EAST FLAGLER, LLC, 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. 4 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@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 20th day of November, 2023. /S/ Thomas H. Robertson Thomas H. Robertson 5 EXHIBIT "A" RETURN TO: Fran Mulnick.Parker, Esq. 888 Newark Avenue Jersey City, New Jersey 10011 l.rIN. LU 14Vp4J1..)J0 I LAJr\ L.)1 1 r/1Vc 4Jo/ DATE:09/17/2014 08:42:51 AM DEED DOC 27,000.00 SURTAX 20,250.00 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY THIS INSTRUMENT PREPARED BY: Vivian de las Cuevas -Diaz, Esq. 701 Brickell Avenue, Suite 3300 Miami, Florida 331.31 Grantee's Tax Identification No.: SPECIAL WA RR4 NTY DEED THIS INDENTURE, made this 12th day of September, 2014, between FLAGLER JEWELRY CENTER, L.L.C., a Florida limited liability company f/k/a NINE EAST FLAGLER, L.L.C., Florida limited liability company (hereinafter collectively called the "Grantor") whose mailing address is 2 NE 1st Street, No, 14, Miami, Florida 33132- 2402 and SEVENTEEN EAST FLAGLER, LLC, a Delaware limited liability company (hereinafter called the "Grantee") whose mailing address is c/o M Management of Miami, LLC; 318 NW 23rd Street, Miami, Florida" 33127. WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuableconsideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all .that certain real property situate in Miami -Dade County, Florida, as set forth on "Schedule A" annexed hereto and made a part hereof. Subject to easements, restrictions, and reservations of record, if any, and taxes subsequent to 2014. 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 does hereby covenant with said Grantee that the Grantor will warrant and defend the title to said real property unto Grantee against the lawful claims and demands of all persons claiming by, through, or under Grantor, but against none other, and that said real property is free of all encumbrances, except taxes accruing subsequent to December 31, 2014, assessments and special district levies, zoning and other regulatory laws and ordinances affecting said real property, and easements, reservations, charges, covenants, restrictions, rights of way and other matters of record (which is not deemed to reimpose same). [Signature page follows] #32602391_v3 CFN: 20140645058 BOOK 29311 PAGE 4588 IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. SELLER: FLAGLER JEWELRY CENTER, L.L.C., a Florida limited liability company f/k/a NINE EAST FLAGLER, L.L.C., Florida limited liability company Signed, sealed and delivered in Presence of: Jccc (1,ej?CJ�i Print Name: STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI DARE I HEREBY CERTIFY that on this } Z day of September, 2014, before me, an officer duly qualified to take acknowledgements, personally appeared C i 2,.01b .-h , C- y r, , Z to me known to be the person described in and who executed the foregoing Special Warranty Deed, who (check one) [ b<i is personally known to me or [ 1 has provided a Florida Driver's License as identification. WITNESS my hand and official seal in the County and State last aforesaid this 12. day of ` ..p -J- , 2014. Off' : LI State of Florida 7d % CARMEN ALVAREZ AMADOR : Notary Public • State of Florida ,1 My Comm. Expires Jul 17, 2017 ,, a� Commiusion #i FF 03711Y2 #32602391 v3 2 CFN: 20140645058 BOOK 29311 PAGE 4589 "SCHEDULE A" Folio No: 01-4137-042-0010 Legal Description: Unit No. 1 of Flagler Condominium, a Condominium, according to The Declaration of Condominium recorded in Official Records Book 19603, Page 2260, and all exhibits and amendments thereof, Public Records of Miami -Dade County, Florida. #3260239 1v3 EXHIBIT "B" THE CITY OF MIAMI, FLORIDA CODE ENFORCEMENT BOARD vs. SEVENTEEN EAST FLAGLER LLC C/O M MANAGEMENT OF MIAMI LLC 318NW23ST MIAMI, FL 33127 33127 Tenant: CFN: 20220311132 BOOK 33132 PAGE 3334 DATE:04/14/2022 03:17:28 PM HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY City of Miami April 08, 2022 CR: CE2021024622 Case No: 0E2021024622 Address: 17 E FLAGLER ST 1 Folio: 0141370420010 Legal: FLAGLER CONDO UNIT ONE UNDIV0.74% INT IN COMMON ELEMENTS OFF REC 19603-2260 Hearing Date: April 07, 2022 FINAL ADMINISTRATIVE ENFORCEMENT ORDER The Code Enforcement Board has found you guilty of violating the following laws: - 2171 FAILURE TO MAINTAIN EXTERIOR OF COMMERCIAL OR RESIDENTIAL PROPERTY. City Code Chapter 10 SEC 10-23 & 10-24 - 2187 Graffiti on Property. City Code SEC 37-2 You are hereby ordered to correct said violation by April 08, 2022. If you fall 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 Jason Mignott at Cell Phone Number: (786) 696-0221 or Office Phone Number: (305) 416- 2087. 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 April 08, 2022 of the Code Enforcement Board. Officially filed and rendered on April 08, 2022 in the records of the City of Miami, Hearing Boards. Prepared by: Olga Zamora Deputy Clerk of Hearing Boards