HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO:
FROM: George K. Wysong III, City Attorney kitfroe:
DATE: April 23, 2026
RE: City Commission Meeting - April 23, 2026
Settlement regarding the matter of Armando Cardella, As A Trustee Of The
Bosch Trust, A Land Trust Vs. City Of Miami, et al., pending in the Eleventh
Judicial Circuit in and for Miami -Dade County.
Case No.: 2025-017969-CA-01
File No. 19194
Honorable Mayor and Members of the City Commission
The attached proposed Resolution seeks authorization for full and final settlement of any
and all claims against the City of Miami ("City") in the matter of Armando Cardella, as a Trustee
of the Bosch Trust, A Land Trust vs. City of Miami, Case No. 2025-017969-CA-01, pending in
the Eleventh Judicial Circuit in and for Miami -Dade County, Florida.
The Miami -Dade Clerk of Court identified the City of Miami ("City") as having an interest
in excess proceeds from a tax deed sale for the property located at 28057 Southwest 143 Court,
Miami, Florida 33033. In response to that representation, the City claimed and received the
funds. After the funds were paid to the City, the Plaintiff claimed entitlement to the same funds
to the Clerk of Courts. Since the Clerk had already dispersed, the Clerk took no further action
and this lawsuit ensued.
After review, the City was not entitled to the funds and the Bosch Trust should have
received Sixty Thousand Eight Hundred Fifty Dollars and Ten Cents ($60,850.10) forwarded to
the City. Plaintiff has agreed to settlement of this matter in the amount of the money received
from the City and the costs of filing the lawsuit, in total Sixty One Thousand Three Hundred
Twenty Dollars and Ten Cents ($61,320.10). This settlement resolves any entitlement to
attorney's fees or interest on the funds received by the City.
The Office of the City Attorney has investigated and evaluated this case and has
approved the recommendation of this settlement.
cc. James Reyes, City Manager
Miriam Santana, Agenda Coordinator
GKW/NB
City of Miami
Legislation
Resolution
Enactment Number: R-26-0183
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 19194 Final Action Date:4/23/2026
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
SETTLEMENT OF ARMANDO CARDELLA, AS A TRUSTEE OF THE BOSCH TRUST,
A LAND TRUST VS. CITY OF MIAMI, CASE NO. 2025-017969-CA-01, PENDING IN
THE ELEVENTH CIRCUIT IN AND FOR MIAMI-DADE COUNTY, IN THE AMOUNT OF
SIXTY-ONE THOUSAND, THREE HUNDRED TWENTY AND 10/100 DOLLARS
($61,320.10), IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS
AND DEMANDS BETWEEN THE PARTIES.
WHEREAS, the Miami -Dade County Clerk of Court represented to the City of Miami
("City") that the City had an interest in funds in the possession of the Clerk in the amount of
Sixty Thousand, Eight Hundred Fifty and 10/100 Dollars ($60,850.10) from the tax deed sale of
28057 Southwest 143 Court., Miami, Florida 33033; and
WHEREAS, the City received the excess tax deed sale proceeds in the amount of Sixty
Thousand, Eight Hundred Fifty and 10/100 Dollars ($60,850.10), which the City should not have
received; and
WHEREAS, Plaintiff, Armanda Cardella, as Trustee of the Bosch Trust, a Land Trust,
filed suit alleging a claim to the excess tax deed sale proceeds received by the City; and
WHEREAS, the parties have reached a tentative settlement agreement to resolve any
and all claims in this matter for a payment in the amount of Sixty One Thousand, Three Hundred
Twenty and 10/100 Dollars ($61,320.10);
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as fully set forth in this Section.
Section 2. The City Manager is authorized' to accept the settlement offer.
Section 3. The City Manager is authorized' to issue payment of Sixty One Thousand,
Three Hundred Twenty and 10/100 Dollars ($61,320.10), in full and complete satisfaction of any
and all claims, in exchange for a release, in a form acceptable to the City Attorney, reflecting the
same.
Section 4. This Resolution shall become effective immediately upon its adoption.
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
APPROVED AS TO FORM AND CORRECTNESS:
g III, C yE[ttorey J 411412026