HomeMy WebLinkAboutBack-Up DocumentsFiling # 204998065 E-Filed 08/19/2024 11:29:21 AM
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
MIA HOUSING 2 PROPERTIES LLC.,
a Florida corporation,
Plaintiff,
vs.
CASE NO. 24-13923
DATE
CITY OF MIAMI, a municipal corporation iiylTlAla __
and subdivision under the laws of the State of Florida,
Defendant.
SUMMONS
3ADGE#
z
THE STATE OF FLORIDA
To Each Sheriff Of The State:
YOU ARE HEREBY COMMANDED to serve this Summons, Administrative Order No. 21-08
and a copy of the Complaint in this action on Defendant:
SERVE: THE CITY OF MIAMI
By Serving its Registered Agent:
Office of the City Clerk
3500 Pan American Drive
Miami, Florida 33133
WITNESS my hand and the Seal of said Court 8/19/2024 , 2024.
JUAN FERNANDEZ-BARQUIN
25428135v.1
Juan Fernandez-Barquin,
Clerk of the Court and Comptroller
By:
Each Defendant is required to serve written defenses to the Complaint on Plaint ff'` , t & ie
whose address is:
David J. Moscoso, Esq.
Florida Bar No. 1010339
BECKER & POLIAKOFF, P.A.
2525 Ponce de Leon Boulevard, Suite 825
Coral Gables, FL 33134
Phone 305.351.1075
Fax 305.442.2232
within 20 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 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.
IMPORTANT
A lawsuit has been filed against you. You have twenty (20) calendar days after this Summons is
served on you to file a written response to the attached Complaint in this Court. A phone call
will not protect you; your written response, including the above case number and named parties,
must be filed if you want the Court to hear your case. If you do not file your response on time,
you may lose the case, and your wages, money, and property may thereafter be taken without
further warning from the Court. There are other legal requirements. You may want to call an
attorney right away. If you do not know an attorney, you may call an attorney referral service or
a legal aid office (listed in the phone book).
If you choose to file a written response yourself, at the same time you file your written response
to the Court you must also mail or take a carbon copy or photocopy of your written response to
the "Plaintiff/Plaintiff's Attorney" named above.
IMPORTANTE
Usted ha sido demandado legalmente. Tiene veinte (20) dias, contados a partir del recibo de esta
notificacion, para contestar la demanda adjunta, por escrito, y presentarla ante este tribunal. Una
llamada telefonica no lo protegera; si usted desea que el tribunal considere su defensa, debe
presentar su respuesta por escrito, incluyendo el nurnero del caso y los nombres de las partes
interesadas en dicho caso. Si usted no contesta la demand a tiempo, pudiese perder el caso y
podria ser despojado de sus ingresos y propiedades, o privado de sus derechos, sin previo aviso
del tribunal. Existen otros requisitos legales. Si lo desea, puede usted consulter a un abogado
inmediatamente. Si no conoce a un abogado, puede llamar a una de las oficinas de asistencia
legal que aparecen en la guia telefonica.
25428135v.1
Si desea responder a la demanda por su cuenta, al mislno tiempo en que presenta su respuesta
ante el tribunal, debera usted enviar por correo o entregar una copia de su respuesta a la persona
denominada abajo como "Plaintiff/Plaintiff's Attorney." (Demandante o Abogado del
Demandante).
IMPORTANT
Des poursuites Judiciaries ont ete entreprises contre vous. Vous avez 20 jours consecutifs a
partir de la date de 1'assignation de cet'te citation pour deposer une reponse ecrite a la plainte ci-
jointe aupres de ce Tribunal. Un simple coup de telephone est insuffisant pour vous proteger;
vous etes oblige de deposer votre reponse ecrite, avec mention du numero de dossier ci-dessus et
du nom des parties nommees ici, si vous souhaitez que le Tribunal entende votre cause. Si vous
ne deposez pas votre reponse ecrite dans le relai requis, vous risquez de perdre la cause ainsi que
votre salaire, votre argent, et vos biens peuvent etre saisis par la suite, sans aucun preavis
ulterieur du Tribunal. Il y a d'autres obligations juridiques et vous pouvez requerir les services
immediats d'un avocat. Si vous ne connaissez pas d'avocat, vous pourriez telephoner a un
service de reference d'avocats ou a un bureau d'assistance juridique (figurant a 1'annuaire de
telephones).
Si vous choisissez de deposer vous-meme une reponse ecrite, it vous faudra egalement, en meme
temps que cette formalite, faire parvenir ou expedier une copie au carbone ou une photocopie de
votre reponse ecrite au "Plaintiff/Plaintiff's Attorney" (Plaignant ou a son avocat) nomme ci-
dessous.
NOTICE TO PERSONS WITH DISABILITIES
In accordance with the requirements of Title II of the ADA, the Miami -Dade Clerk of Courts will
not discriminate against qualified individuals with disabilities on the basis of disability in its
services, programs, activities or facilities.
ADA Coordinator
If you should experience a barrier that affects your ability to access our sites and services, or if
you are a person with a disability who needs accommodation, please contact the Miami -
Dade Clerk of Courts ADA Coordinator:
Bibiana Candame
Courthouse East
22 NW 1st Street, 3rd Floor
Miami, Florida 33128
E-mail: coc-ada@miamidade.gov
Telephone: 305-679-1000
Fax: 305-679-1022
If you are hearing or voice impaired, please call 711 or 1-800-955-8771 for the Florida Relay Service.
25428135v.1
THE ELEVENTH JUDICIAL
CIRCUIT MIAMI-DADE COUNTY,
FLORIDA
CASE NO. 21-1
(Court Administration)
ADMINISTRATIVE ORDER
NO. 21-08
IN RE: ESTABLISHMENT OF
PROCEDURES FOR ACTIVE CASE
MANAGEMENT IN THE COUNTY
CIVIL DIVISION PURSUANT TO
AOSC 20-23Al2
WHEREAS, In re: Comprehensive COVID-19 Emergency Measures for Florida
Trial Courts, Fla. S. Ct. Admin. Order No. AOSC20-23Al2 (April 13, 2021) requires chief
judges to issue an administrative order requiring the presiding judge for each civil case
(as defined in footnote 13 of AOSC20-23Al2) to actively manage civil cases as specified
therein;
WHEREAS, this Administrative Order is issued in accordance with AOSC20-
23Al2;
WHEREAS, this Administrative Order contemplates that the Florida Rules of Civil
Procedure will be enforced on a consistent and just basis, that access to hearing time will
be consistently and reasonably available, that counsel will utilize access to the Court
wisely and appropriately, and that to the fullest extent possible, the Court, counsel, and
the parties will work to consistently move cases to timely resolution;
WHEREAS, pursuant to AOSC20-23Al2, section III(G)(2), all judges within this
circuit are directed "to strictly comply with Florida Rule of General Practice and Judicial
Administration 2,545(a), (b), and (e), which respectively require judges to conclude
litigation as soon as it is reasonably and justly possible to do so, to take charge of all
cases at an early stage and to control the progress of the case thereafter until it is
determined, and to apply a firm continuance policy allowing continuances only for good
cause shown"; and
WHEREAS, the purpose of a case management order issued pursuant to this
Administrative Order shall be to set a plan for consistent progress towards the timely
resolution of each case and to set reasonable expectations for the client, the attorneys,
and the Court in every case;
1
NOW THEREFORE, pursuant to the authority vested in me as Chief Judge of the
Eleventh Judicial Circuit of Florida under Rule 2.215, Florida Rules of General Practice
and Judicial Administration, it is hereby ORDERED:
The following requirements apply to cases in the Civil Division of the County Court.
I. CASES REQUIRING CASE MANAGEMENT ORDERS
A. NEW CASES: case management orders must be entered in every new case filed on
or after April 30, 2021, pursuant to Section IV.B. below.
B. EXISTING CASES: case management orders must be entered in every existing case
pursuant to Section IV.A. below, subject to the following exceptions:
1. For all cases with existing case management orders under which parties are
proceeding, no additional case management order need be entered.
2. For all cases with an existing trial order with a date set for trial in the future,
no additional case management order need be entered. The current trial order
shall serve as the case management order, provided that the parties comply with
the deadlines contained therein. If the case is not reached for trial, continued, or
rolled, an order setting a new, firm trial date shall be entered no later than 30 days
following the end of the original trial period.
3. For all cases currently placed on inactive status by court order, no additional
case management order need be entered. However, within 45 days after the
termination of the event or status supporting inactive status, the parties shall
comply with the provisions of subsection 4 immediately below.
4. For all cases subject to current moratoria, no additional case management order
need be entered. If the case is subject to a statutory stay or a moratorium that
prevents prosecution of the case, then a case management order shall be issued,
as follows:
a. for cases filed on or after April 30, 2021: Within 45 days after the stay or the
moratorium ends or within 30 days after service of the complaint on the last
of all named defendants (whichever date is later); or
b. for cases filed before April 30, 2021: By December 3, 2021, within 45 days
after the stay or the moratorium ends or within 30 days after service of the
complaint on the last of all named defendants (whichever date is later).
5. For all cases subject to section 51.011, Florida Statutes, post -judgment
proceedings, and writs to which Florida Rule of Civil Procedure 1.630 applies, no
additional case management order need be entered.
6. For all cases subject to dismissal for lack of prosecution pursuant to Florida
2
Rule of Civil Procedure 1.420(e), no additional case management order need be
entered.
7. This Administrative Order is intended to implement the requirements of Florida Rule
of General Practice and Judicial Administration 2.5451 and Florida Rules of Civil
Procedure 1.0102 to honor the requirement to progress cases to resolution.3 Counsel
are required to follow the Case Management Order entered in their case. Failure to
follow the scheduling deadlines of the order may result in sanctions by the presiding
judge in the case. The presiding judge may sanction counsel, sanction clients, dismiss
the action, strike pleadings, limit proof by excluding witnesses or exhibits, or take any
other appropriate action as provided by Florida Rule of Civil Procedure 1.200(c).
C. For each streamlined and general civil case, the case management order shall at a
minimum specify the deadlines for service of complaints, service under extensions, and
adding new parties and the deadlines by which: fact and expert discovery shall be
completed; all objections to pleadings and pretrial motions shall be resolved; and
mediation shall have occurred. The case management order shall also specify the
projected date of trial; indicate that the deadlines established in the order will be strictly
enforced by the court; indicate that a firm trial date will be ordered by the presiding judge
when the case is at issue pursuant to Florida Rule of Civil Procedure 1.440. The
maximum deadlines specified pursuant to this subsection, as well as the projected date
of trial, shall be consistent with the time standards specified in Florida Rule of General
Practice and Judicial Administration 2.250(a)(1)(B) for the completion of civil cases.
II. PROCEDURE FOR IMPLEMENTATION OF CASE MANAGEMENT ORDERS:
THE CASE MANAGEMENT PROCEDURES BELOW APPLY TO ALL CASES IN
WHICH THE FLORIDA RULES OF CIVIL PROCEDURE APPLY.
TRACK DETERMINATION: Each county civil division shall cause each county civil case
to which it is assigned to be reviewed to determine whether it is streamlined or general.
Categorization is based on the amount of time and effort required to conduct discovery
and prepare the case for resolution. Track assignments are not based on the monetary
value of the case. The Court has established presumptive track assignments set forth in
the schedule attached as Exhibit
A. Throughout the case management process, at all turns, counsel have an obligation
to meet and confer to engage in necessary scheduling and otherwise progress the
1 "Judges and lawyers have a professional obligation to conclude litigation as soon as it is reasonably and justly possible
to do so. However, parties and counsel shall be afforded a reasonable time to prepare and present their case."
2 The Rules of Civil Procedure "shall be construed to secure the just, speedy, and inexpensive determination of every
action.)
3 AOSC20-23Al2, section III(G)(3)d Indicates that: "lawyers must strictly comply with Florida Rule of General Practice
and Judicial Administration 2,545(a), which requires lawyers to conclude litigation as soon as it is reasonably and justly
possible to do so, and that the pandemic alone Is not a basis for a lawyer's failure to prepare a case for trial or otherwise
actively manage a case."
3
case in compliance with any case management order entered under this
Administrative Order.
The track assignment affects the case management schedule. Where the facts of
the case support a track change, parties may request a track change by motion
demonstrating, with specificity, a sufficient factual basis to support a different
assignment.
III. DEFINITIONS OF CASE TRACK ASSIGNMENTS
Presumptive track assignments for cases are set forth in Exhibit A pursuant to the
following criteria:
A. Streamlined County Civil Cases — cases in which there are few parties; non-
complex issues related to liability and damages; few anticipated pretrial motions;
limited need for discovery; few witnesses; minimal documentary evidence; and an
anticipated trial length of less than two days.
B. General County Civil Cases - all other county civil cases.
IV. CASE MANAGEMENT ORDERS:
A. For All Existing Cases:
1. For cases filed before April 30, 2021, a case management order shall be
entered by the Court by December 3, 2021, with the following deadlines:
2014 or earlier
2015
=2�
2i
2018
July 1, 2022
August
, 202
September
2022
October 1, 2022
2019
November .1, 2022
2020 -,April 30, 2021.
December 1, 2022
4 This is the deadline by which all pretrial tasks, including, but not limited to, pleading closure, discovery, examinations,
dispositive and pretrial motions, mediation, and jury Instruction submission, must be completed by the parties. After
review of a case, the Court may set a deadline sooner than the deadline date specified.
4
2. The case management order shall serve as an inventory of the status of the
case. It shall identify with specificity all the completed tasks in the case and
those tasks remaining to be finished to bring the case to resolution. The case
management order shall specify the projected date of trial; indicate that the
deadlines set forth in the case management order will be strictly enforced by
the Court; and that a firm trial date will be ordered by the Court when the case
is at issue pursuant to Florida Rule of Civil Procedure 1.440. The case
management order shall comply with the Florida Rules of General Practice
and Judicial Administration for the prompt resolution of civil cases.
B. For All New Cases Filed on Or After April 30, 2021:
1. The Court will assign a presumptive case management track upon filing pursuant
to the schedule attached as Exhibit A.
2. A case management order shall be entered by the Court within 30 days of service
on the last defendant in accordance with Exhibit A.
3. Plaintiffs must serve their actions promptly. Service issues must be addressed
promptly and with diligence.
4. No extensions pursuant to Florida Rule of Civil Procedure 1.070 shall be granted
without specific proof of diligent effort to effect service and a written explanation of
what efforts the Plaintiff intends to pursue to effect service successfully, with
proposed deadlines.
5. Parties may seek an amended case management order within 30 days of receipt
of the Court's case management order. Parties should make an effort to comply
with the case management schedule before objecting. If parties seek an amended
case management order, the motion must set forth with specificity why the
schedule set forth is not appropriate for the case and must propose an alternative
schedule consistent with the Florida Rules of Judicial Administration and the
Florida Rules of Civil Procedure. General objections having to do with attorney
workload, staffing, and scheduling conflicts should be discussed with clients
directly before being brought to the Court; and shall be given limited weight.
This Administrative Order shall become effective immediately upon signing. To
the extent that any portion of this Administrative Order may be construed as conflicting
with any law, statute, or rule, the law, statute, or rule shall prevail.
DONE AND ORDERED in Chambers at Miami -Dade County, Florida, this 30th
day of April 2021.
BERTILA SOTO, CHIEF JUDGE
ELEVENTH JUDICIAL CIRCUIT OF FLORIDA
5
EXHIBIT A
CASE MANAGEMENT TRACK ASSIGNMENTS AND DEADLINES FOR CASES
FILED ON OR AFTER APRIL 30, 2021
Streamlined Pathway
General Pathway
Replevin
Declaratory Judgment
Auto Negligence
Equitable Relief
Foreclosure
Injunctive Relief
Petition for Adverse Preliminary Hearing
Civil Forfeiture
Personal Injury Protection
Insurance Claim
Contract & Indebtedness
Other Negligence
Other Civil Com•laint
service of complaints and extensions
adding new parties
fact and expert discovery
all objections to pleadings and pretrial
motions
120 days from date of filing of the complaint
unless the Court grants an extension which
shall not exceed 210 days from the date of
filing of the complaint
150 days from date of filing of the complaint
335 days from date of filing of the complaint
335 days from date of filing of the complaint
deadline for Mediation
projected date of trial
335 days from date of filing of the complaint
365 days from date of filing of the complaint
service of complaints and extensions
adding new parties
fact and expert discovery
all objections to pleadings and pretrial
motions
120 days from date of filing of the complaint
unless the Court grants an extension which
shall not exceed 210 days from the date of
the filing of the complaint
180 days from date of filing of the complaint
510 days from date of filing of the complaint
510 days from date of filing of the complaint
deadline for Mediation
projected date of trial
510 days from date of filing of the complaint
540 days from date of filing of the complaint
6
Filing # 203331464 E-Filed 07/25/2024 12:22:36 PM
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
CASE NO. Air__/J9 '
MIA HOUSING 2 PROPERTIES LLC.,
a Florida corporation,
Plaintiff,
vs.
CITY OF MIAMI, a municipal corporation
and subdivision under the laws of the State of Florida,
Defendant.
COMPLAINT TO QUIET TITLE
Plaintiff, MIA HOUSING 2 PROPERTIES LC., ("Plaintiff '), by and through its
undersigned counsel, hereby sues Defendant, the CITY OF MIAMI, a municipal corporation
and subdivision under the laws of the State of Florida ("Defendant") and hereby alleges as
follows:
PARTIES, VENUE, AND JURISDICTION
1. This is an action to quiet title in real property located in Miami -Dade County,
Florida pursuant to Fla. Stat. §65.061.
2. Plaintiff is a Florida corporation that owns real property located in Miami -Dade
County, Florida which is at issue in this dispute.
3. Plaintiff is whole owned by an individual Jane Choi who is a resident of Miami -
Dade County.
4. Defendant is a municipal corporation and subdivision under the laws of the State
of Florida and is located in Miami -Dade County, Florida.
25330598v.1
5. The Property (as defined below) at issue in this litigation is located within Miami -
Dade County, Florida. Thus, venue is proper in Miami -Dade County, Florida pursuant to Fla. Stat.
§47.051, and this Court has jurisdiction over the subject matter of this action pursuant to Fla. Stat.
§26.012(2)(g).
GENERAL ALLEGATIONS
Since May 10, 2018, Plaintiff has owned the property located at 6318 NW 2 Ave Miami,
FL 33150 (the "Property"), which is legally described as:
NORTH COLLEGE TR PB 4-169 LOT 13 BLK 1 LOT SIZE 40.000 X 105
OR 20429-0163 04 2002 1 COC 24577-1045/24956-2476 0506 1 COC 26536-
0920 08 2008 3
7. Plaintiff is the owner of the Property and obtained title by virtue of that certain
Warranty Deed dated May 10, 2018 and recorded at OR Book 30979-3128 in the Public Records
in and for Miami -Dade County, Florida on May 10, 2018.
8. In October of 2018, Plaintiff was cited by the City of Miami with Code
Enforcement Violations (Case No. CE2018022165), for: (1) alleged work performed without
obtaining a permit.
9. The City of Miami's Violation citation required compliance by February 07, 2019.
10. At the hearing on February 07, 2019, the Code Enforcement Hearing Board found
that the Plaintiff violated the City Code due to the failures listed in paragraph 8 of this Complaint,
above.
11. On February 07, 2019, the Code Enforcement Hearing Board issued a "Final
Administrative Enforcement Order" (the "Order"): (a) advising the Plaintiff of the Board's
findings; (b) instructing the Plaintiff to correct the violations identified therein, advise the
Inspector of such correction, and obtain an Affidavit of Compliance by April 08, 2019; (c)
25330598v:1
imposing daily fines of $250.00 per day, to begin accruing thereafter, for failure to comply with
such Order; and (d) advising that the Order constitutes a lien against the Property and any other
real or personal property owned once it was recorded in the Public Records of Miami -Dade
County. A true and correct copy of the Final Administrative Enforcement Order is attached as
Exhibit A.
12. The alleged deficiencies were subsequently fully cured on August 27, 2023 by the
Plaintiff and the City issued an Affidavit of Compliance on September 07, 2023. See Affidavit of
Compliance, attached hereto as Exhibit B.
13. A lien, related to the City of Miami Code Enforcement Board's Final
Administrative Enforcement Order, exists upon the Property.
14. Based upon the recorded lien the City imposed daily fines on Plaintiff in the amount
of $250.00 per day starting on the date of the order, for a total of 1,599 days, up to and including
the date of compliance on August 27, 2023.
15. To date, the total fine imposed amounts to $399,750 and constitutes a lien on the
Property.
16. Before filing this cause of action, Plaintiff communicated with Defendant in an
attempt to mitigate the fines to no avail.
17. All conditions precedent to the filing of this action have been performed, excused
or have been waived.
25330598v.1
COUNT I — QUIET TITLE
This is an action to quiet title pursuant to FLA. STAT, §§65.021 and 65.061,
19. Plaintiff incorporates and realleges the allegations in paragraphs 1 through 17 are
incorporated as if set forth fully herein.
20. The Final Administration Enforcement Order imposes a lien on the Property.
21. Defendant may claim an adverse interest in the Property by virtue of the
aforementioned lien,
22. Defendant does not have a lawful or legitimate interest in the Property, and any
interest in the Property, if any, is subordinate and inferior to the Plaintiffs right, title and interest
in the Property.
23. Plaintiff is authorized to bring an action to quiet title to the Property and the Other
Properties and to clear any cloud on their title. See Section 65.031, Florida Statutes ("An action in
chancery for quieting title to, or clearing a cloud from, land may be maintained in the name of the
owner or of any prior owner who warranted the title.")
24. Plaintiff has a compelling interest in removing the cloud of title imposed by the
Order and the lien because the title of the Property is currently unmarketable.
WHEREFORE, Plaintiff respectfully requests that this Court enter a judgment in its favor
and against Defendant extinguishing any right or claim that Defendant may have in the Property,
and removing any and all clouds on title to the Property, and quieting title in the Plaintiff, together
with any and such further relief as this Court deems necessary to protect Plaintiff's rights and
25330598v,1
interests to the Property.
Dated this 25th day of July 2024.
BECKER & POLIAKOFF
DAVID J. MOSCOSO, ESQ.
Attorney for Plaintiff
2525 Ponce De Leon Boulevard,
Suite 825
Coral Gables, Florida 33134
Tel: (786) 953-2000
By: /s/ David J. Moscoso
DAVID J. MOSCOSO, Esq.
Florida Bar No. 1010339
Email: dmoscoso a,beckerlawyers.corn
25330598v.1