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Home My WebLink AboutBack-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 ❑x CIVIL ❑ DISTRICTS ❑ OTHER SUMMONS 20 DAY CORPORATE SERVICE (a) GENERAL FORMS PLAINTIFF(S) MARC'S CLASSICS CORP 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 2024-002889-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 Plaintiffs 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 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(&,judll.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: www.miamidadeclerk.gov Filing # 192127343 E-Filed 02/16/2024 12:41:23 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CIVIL DIVISION CASE NO. MARK'S CLASSICS CORP., Plaintiff, v. CITY OF MIAMI, Defendant. COMPLAINT COMES NOW, Plaintiff, MARK'S CLASSICS CORP., 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 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 5582 NE 4 Court, Miami, Florida, 33137 (the "Property"), which is legally described as: BAYSHORE UNIT NO 4 PB 16-30 LOTS 27 THRU 32 & N6.33FT OF LOT 33 BLK 14 LOT SIZE 156.33 X 150 OR 18430-4073 1298 2 (2) Identification (Folio) Number: 01-3218-038-0300. A true and correct copy of Plaintiffs 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) On or about February 10, 2021, the Property was cited by the City's Code Enforcement Department. 9) On July 15, 2021, Code Enforcement Board (the "Board") for the City imposed a Final Administrative Enforcement Order ("Enforcement Order") for: No Certificate of Use Miami SEC 7.1.2; Failure to have a valid Business Tax Receipt or operating outside the score of BTR per chapter 31. City Code Chapter 31; and Work performed without a permit and/or permit not fmalized. City Code SEC 10-3 (FBC 104, 105), Miami 21 section 7.1.2. A true and coiTect 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) Plaintiffs obtain building permits and completed the work necessary 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 January 30, 2023 — 564 days — resulting in a fine of approximately $141,000.00 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. 3 COUNT I QUIET TITLE 17) Plaintiff reincorporates and realleges Paragraphs 1 to 16 as if fully set forth herein. 18) The Orders imposed liens on the Property. 19) Plaintiff has undergone good faith efforts to comply with the 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 December 31, 1998, as recorded in Official Records Book 18430 at Page 4073 of the Public Records of Miami -Dade County, Florida on January 11, 1999. See Exhibit "A". 21) 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.,9 22) 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). 23) 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, MARK'S CLASSICS CORP., 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 24) Plaintiff reincorporates and realleges Paragraphs 1 to 16 as if fully set forth herein. 4 (2023). 25) This is an action for declaratory relief brought pursuant to Fla. Stat. § 86.011 26) Plaintiff is entitled to have any doubt regarding its rights regarding the Property in question, including any cloud or encumbrance upon the Property, resolved. 27) 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, MARK'S CLASSICS CORP., 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 nrodriguezna,brzoninglaw. c om 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 16th day of February, 2024. /S/ Thomas H. Robertson Thomas H. Robertson 6 EXHIBIT "A" KFc 18430 Z 4073 Prepared By and Rearm To. BEATRIZ M. CAPOTE. ESQ. BEATRIZ M. CAPOTE, P.A. t 101 Briclell Avenue. 17Qr Floor Miami, Florida 33171 Srul 10 #0I-32Ig-03E-02So & 0300 9 9 R O 1 i3 9 19 1999 JAN 11 16:03 DOCSTPDEE 2,955.00 SURTX 2,216.25 HARVEY RUVIN, CLERK. DADE COUNTY, FL WARRANTY DEED This Indenture, made this 3 t day of 1991; , between BALOGH FAMILY HOLDINGS, LTD., a Florida limited partnership; JOAN BALOGH ERDHEIM a/k/a JOAN P. ERDHEIM f/k/a JOAN PHYLLIS BALOGH. individually and as Trustee of the Irrevocable Funded Insurance Trust established by Salie Balogh and as Trustee of the Irrevocable Trust established by David R. Balogh; and BERNAT ROBERT BALOGH a/k/a ROBERT B. BALOGH, individually and as Trustee of the Irrevocable Funded Insurance Trust established by Salie Balogh and as Trustee of the Irrevocable Trust established by David R. Balogh (collectively, "Grantor"), whose address is 777 Arthur Godfrey Road, Miami Beach, Florida 33140, and MARK'S CLASSICS CORP., a Florida corporation ("Grantee"), whose address is 5580 N.E. 4th Court, Miami, Florida 33137. WITNESSETH that said Grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS. 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: Lots 19 through 32, inclusive and the North 6.33 feet of Lot 33. in Block 14 of BAY SHORE UNIT NO. 4. according to the Plat thereof, as recorded in Plat Book I6, Page 30, of the Public Records of Miami -Dade County, Florida. SUBJECT TO: 1. Taxes for the year 1999 and subsequent years. 2. Zoning and governmental ordinances, if any. 3. Conditions, restrictions, limitations and easements of record, if any. but this provision shall not operate to reimpose same. NEITHER GRANTORS NOR ANY MEMBER OF THEIR FAMILIES RESIDE AT THE SUBJECT PROPERTY .OR AT ANY PROPERTY CONTIGUOUS THERETO. GRANTORS AND THEIR FAMILIES RESIDE AT: JOAN BALOGH ERDHEIM a/k/a JOAN P_ ERDHEIM f/kla JOAN PHYLLIS BALOGH, 30 E. 72 STREET. NEW YORK, NEW YORK 10073, AND BERNAT ROBERT BALOGH a/k/a ROBERT B. BALOGH, 7 TAHITI BEACH, MIAMI, FLORIDA 33143. and said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. 'Grantor' and 'Grantee' arc vrc,l (or singular or plural, as contest rcquircr IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our prese -e:. Print Name: 1 r11 is —. ( ]lLilCC{t,--btq 1 -lur2- BALOGH FAMILY HOLDINGS. LTD., a Florida limited partnership 13Y: BALOGH FAMILY HOLDINGS, INC., a Florida corporal- nits general partner BY: I J ROB RT B)BALOGH, President S Y j 9a 8433 474 1 Print Name: r t✓ 111Gi4 t L _. Print Na e: ZtZh�(y tw/Ysti Print Name (,CW,u , 'Giltr1)<L-.l.(4 Print N e: £l1 b -CS G-u,..C.IY---- STATE OF COUNTY OF (/0»IZbf,7t N BAL I s/k/a JOAN P. HEIM f/kla AN PHYLLIS BALOGH, individually and as Trustee of the Irrevocable Funded Insurance Trust established by Salie Balogh and as Trust of the Irrevocable Trust established b D vid R. Balogh BERN 4T R�ERT BALOGH a/k/a ROBERT B. BALOG individually and as Trustee of the irrevocable Funded Insurance Trust established by Salie Balogh and as Trustee of the Irrevocable Trust established by David R. Balogh The foregoing instrument was acknowledged before me this 3 t day off ,a 199 Ss<by ROBERT B. BALOGH, as President of BALOGH FAMILY HOLDINGS, INC., a Florida corporation, as general partner of BALOGH FAMILY HOLDINGS, LTD., a Florida limited partnership. who is personally known to me or NOTARY PUBLIC My Commission Expires: Print Name: , STATE OF 1 COUNTY OF The foregoing instrument was acknowledged before me this 2:' day of 199 -by JOAN BALOGH ERDHEIM a/k/a JOAN P. ERDHEIM f/k/a JOAN PHYLLIS BALOGH, individually and as Trustee of the Irrevocable Funded Insurance Trust established by Salie Balogh and as Trustee of the Irrevocable Trust established by David R. Balogh. who is personalty known to me or who produced - - JACK 8 IOBIN E)PlcF.S DEC 28, 19,70 f- +ULD THRU :•mil Arm.. (. r4OINC3 CO INC =3�3TARY PUBLIC My Commission Expires: Print Name: STATE OF ! / 61-L COUNTY OF Q The foregoing instrument was acknowledged before me this y / day of 199 , by BERNAT ROBERT BALOGH a/k/a ROBERT B. BALOGH, individually and as Trustee of the Irrevocable Funded Insurance Trust established by Salie Balogh and as Trustee of the Irrevocable Trust established by David R. Balogh, who is personally known to me or-vho.- -p T" -- as -identification.. _ .1 'HES 28 r•;r, ARY PUBLIC My Commission Expires: Print Name: RECOPOED Pt CKFK+AI uF,)rrJ`a Qf D,DE COUNTY_ Ft O!+'DA RECORD VERiF,ED . (tiiM rfGNVHt - 2 of 2 - EXHIBIT "B" CFN: 20210753154 BOOK 32782 PAGE 2442 DATE:10/07/2021 03:29:05 PM HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY City of Miami THE CITY OF MIAMI, FLORIDA CODE ENFORCEMENT BOARD July 15, 2021 vs. CR: CE2021002219 Case No: CE2021002219 MARK"S CLASSICS CORP 5582 NE 4 CT MIAMI, FL 33137-2697 33137-2697 Tenant: Address: 5582 NE 4 CT Folio: 0132180380300 Legal: BAYSHORE UNIT NO 4 PB 16-30 LOTS 27 THRU 32 &N6.33FT OF LOT 33 BLK 14 LOT SIZE 156.33 X 150 OR 18430- 4073 1298 2 (2) Hearing Date: July 14, 2021 FINAL ADMINISTRATIVE ENFORCEMENT ORDER The Code Enforcement Board has found you guilty of violating the following laws: - 2191 No Certificate of use Miami SEC 7.1.2 - 2278 Failure to have a valid Business Tax Receipt or operating outside of the scope of BTR per chapter 31. City Code Chapter 31 - 2104 Work performed without a permit and/or permit not finalized. City Code SEC 10-3 (FBC 104, 105), Miami 21 section 7.1.2 You are hereby ordered to correct said violation by July 15, 2021. 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 Hejbert-Point-Du-Jour at Cell Phone Number: (786) 696-0448 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 July 15. 2021 of the Code Enforcement Board. Officially filed and rendered on July 15, 2021 in the records of the City of Miami, Hearing Boards. Prepared by: Olga Zamora Deputy Clerk of Hearing Boards