Item P01
Memorandum
To: Mayor Spehar & County Commissioners
From: Bob Shillinger, Asst. County Attorney
Date: June 12, 2005
Re: June 2005 litigation report
Cc: Tom Willi, County Administrator
Richard Collins, County Attorney
CASES FILED AGAINST THE COUNTY SINCE LAST MONTH'S REPORT
Collins. C & Sum Air Services v. Monroe County et al CA M 05-146
Circuit Court 16th Judge: Payne Date Filed: 6/1/05
Declaratory Judgment action regarding lease with FBO at Marathon Airport. Not
yet served. Airports
Status:
Awaiting service of complaint.
Next Activity: Once served, determine if outside counsel should be retained.
Time: 0.1
Costs:
0.00
Hardee. Evelyn v. Monroe County
Circuit Court 16th Judge: Garcia
Negligence action that has not been served yet.
CA P 05-255
Date Filed: 6/3/05
Status:
Awaiting service of complaint.
Next Activity: Once served, determine if referral to insurance carrier
counsel is appropriate.
Time: 0.1
Costs:
0.00
Thomas. David v. Monroe County CA K 05-499
Circuit Court 16th Judge: Garcia Date Filed: 5/16/05
Appeal of Contractor's Examining Board decision that has not been served yet.
Growth Management/Building
Status:
Awaiting service of complaint/petition/notice of appeal.
Next Activity:
File responsive pleading. Will be handled in house.
Time: 0.1
Costs:
0.00
In re: Winn Dixie Stores. Inc. 05-03817 -3F1
U.S. Bankruptcy Ct., M.D.Fla. Judge: Jerry Funk Date Filed: 2/25/05
Voluntary Chapter 11 reorganization case where County might have a claim
against the estate.
Current Status:
claim.
Reviewing pleadings and investigating whether County has
Next Activity:
Proof of claim deadline 8/1/5.
Time: 0.1
Costs: 0.00
CASES CLOSED SINCE LAST MONTH'S REPORT
Moore. Russell v. Monroe County CA P 04-452
Circuit Court 16th Judge: Garcia Date Filed: 9/24/04
Mandamusllnverse condemnation/takings case filed for one lot on Big Pine.
Mayor served on 10/4/4. Growth Management
Status:
Dismissed by Plaintiff with Prejudice.
Next Activity:
Close file.
Total fees and costs paid:
$2,304.29
Stevenson. MK v. Monroe County CA K 02-257
Circuit Court 16th Judge Payne Filed: 2/26/02
Appeal of a finding that Caribbean Village storage sign was an off premises sign.
Current Status: Court issued Corrected Mandate May 26,2005, affirming most
of Code Enforcement Special Magistrate's decision, reversing small portion.
Next Activity:
Close file.
Time: 33.0 hours Costs: none
2
GENERAL LITIGATION
Clay. Robert Leefi John & Li ChiunQ Moyant v. Monroe County CA M 04-05
Circuit Court 16t Judge: Jones Date Filed:01/05/04
Mandamus Petition/takings case regarding Big Pine properties. Mayor served
1/8/04. Growth Management.
Status:
Court approved settlement agreement.
Next Activity:
Awaiting dismissal by Petitioners.
Time: 7.4
Costs:
None
Collins. Thomas et al v. Monroe County
Circuit Court 16th Judge: Payne
Takings action brought by 11 groups of plaintiffs.
Growth Management; CAY co-counsel with Bob Freilich & Tyson Smith
CA M 04-379
Date Filed: 11/22/04
Status:
Discovery.
Next Activity: Motion to compel discovery 6/21/05.
Time: 74.5 Costs: 0.00
DrewinQ. Janice v. Monroe County
Third DCA Judges: TBA Date Filed:
Appeal of denial of writ of mandamus in personnel matter.
Community Services/Social Services
3D 04-3044
11/29/04
Current Status:
Awaiting decision by Court.
Next Activity:
Awaiting decision by Court.
Time: 31.4
Costs:
15.00
DrewinQ. Janice v. James Roberts as County Administrator CA K 04-686
Circuit Court 16th Judge: Jones Date Filed: 6/25/04
Mandamus action seeking hearing in personnel dispute between plaintiff and her
supervisor Louis Latorre. Community Affairs/Social Services
Current Status:
Drewing appealed Circuit's denial of writ to Third DCA.
Next Activity:
Stayed pending appeal.
Time:
19.5
Costs:
0.00
3
Evans. Brian v. Monroe County 04-CIV-10033-JLK
U.S.Dist.,S.D.Fla. (Key West) Judge: King Date Filed: 5/6/04
Civil action against the County, and others, arising from actions of Sheriff's office
in publicizing the rescission of a warrant it had obtained for his arrest. MCSO
Current Status: Evans appealed to 11 th Circuit Court's award to County &
Sheriff of $4579.00 in attorney's fees for filing frivolous suit.
Next Activity:
Collection not stayed by appeal.
Time: 9.5
Costs:
0.00
Fed. Nat'l MortQ. Assoc. v. M. Coleman. Monroe County. et al. CA K 05-171
16th Circuit Judge: Jones Date Filed: 2/18/05
Mortgage foreclosure case where County holds an inferior interest to bank due to
$1928 in Article V liens imposed against a person claiming interest in the
property. Mayor served 2/28/05. PJM
Current Status: Bank's motion for summary judgment granted 4/25/05.
County's answer filed @ 3/21/05. County's lien preserved.
Next Activity:
Sale set for mid June 2005.
Time:
2.5
Costs: 0.00
Florida Keys Citizens Coalition v. State & Monroe County DOAH 04-2756
DOAH Judge: Carolyn Holifield Date Filed: 08/05/04
Administrative Rule challenge to agreement with State. Growth Management
Current Status: Proposed final orders submitted 1/28/05.
Next Activity: Awaiting decision by Administrative Law Judge.
CAY Time: 178.6 See also entry under Johnson, Anselmo, et al.
Monroe County v. Florida Detroit Diesel SC K 05 -60
County Court (Sm. Claims) Judge: Fowler Date Filed: 3/14/05
Collection action seeking reimbursement for $4,905.00 in clean up costs
associated with improperly installed machinery. PJM
Fleet management/Risk Management
Current Status: Discovery.
Next Activity: Trial July 18, 2005.
Time: 5.8 Costs: $275.00
4
Monroe County v. Mark FraleiQh CAP 03-647
Circuit Court (16th) Judge: Garcia Date Filed: 12/8/3
Ejectment action against owner of structures located on County right-of-way.
Public Works.
Current Status:
Discovery ongoing.
Next Activity: Move for summary judgment.
Time:
20.7
Costs: NONE
Neuman. Kenneth v. Monroe County CA K 04-663
Circuit Court 16th Judge: Jones Date Filed: 6/21/04
Action for damages and to compel County to issue building permits for property
on Big Pine. County settled similar suit in April. Mayor served 6/25/04.
Growth Management CAY serving as co-counsel.
Status:
Discovery phase.
Next Activity:
Discovery.
CAY Time: 5.8 See also entry under Johnson, Anselmo, et al.
Nunziante. Maril*n v. Monroe County CA K 04-1227
Circuit Court 16t Judge: Jones Date Filed: 11/18/04
Suit over admission practices at Bayshore Manor seeking to invalidate practice of
requiring family members to subsidize those who can't afford the full rate.
Community Services/Social Services; Mayor served 11/19/04.
Status:
Answer filed, discovery.
Next Activity:
Depositions to be set.
Time:
58.6
Costs: 0.00
PBP Marina. Inc. v. Monroe County CA K 02-561
Circuit Court (16th) Judge: Payne Date Filed: May 2002
Cert. Petition appeal from denial of rezoning on Geiger Key Marina.
Growth Management
Current Status:
4/20/05, BOCC granted rezoning request.
Next Activity:
Await dismissal by Plaintiff.
Time:
29.0
Costs:
none to date
5
Riverview Consultants. Inc. v. Monroe County CA K 05-373
Circuit Court 16th Judge: Jones Date Filed: 4/13/2005
Tortious interference with contract case arising from Airport security director's
termination of a consultant subcontract. PJM
Ai rport
Status:
Plaintiff gave mandatory 6 month notice of claim on April 8, 2005.
Next Activity:
File responsive pleading once served.
Time: 3.0 Costs: 0.00
See also entry under Johnson, Anselmo, et al.
Teal. Kimberly & Keith v. Michael AnQel. Monroe County. et al CA M 04404
Circuit Court (16th) Judge: Payne Date Filed: 12/16/04
Declaratory judgment action by property owners seeking half of a road
purportedly abandoned by County and then quitclaimed to City of Marathon
which was subject of litigation in 2002.
Public Works
Status:
Depositions held 4/18/05.
Next Activity: Hearing on County's motion to dismiss 6/28/05.
Time: 9.2 Costs: $133.00
Tuttle. David. Peter Rosasco & Harley Evans v. Monroe County CAM 04-243
Circuit Court 16th Judge: Payne Date Filed: 6/30/04
Action for damages and to compel County to issue building permits for property
on Big Pine. County settled similar suit in April. Growth Management
Status:
Settled; 3 of 4 releases issued.
Next Activity:
Dismissal if DCA doesn't object to permits.
Time:
3.0
Costs:
0.00
6
WalQreens & Gadinsky v. Monroe County CA K 05-266
16th Circuit Judge: Taylor Date Filed: 3/11/05
Petition for certiorari review of DOAH administrative order upholding 1 of 6
findings supporting denial of major conditional use application for redevelopment
of Big Pine Scotty's into Walgreens. Mayor served 5/2/05.
Growth Management
Current Status:
Motion to Quash summons pending.
Next Activity:
Hearing set 8/1/05.
Time:
7.3
Costs:
0.00
POTENTIAL CASES THAT HAVE NOT BEEN FILED
Lloyd Good v. Monroe County CA K 05 -----
Circuit Court (16th) Judge: Date Filed:
On 11/24/03, the County was served with notice of a claim under the Bert J.
Harris Act regarding two parcels of property owned by Lloyd Good.
Growth Management.
Current Status:
Settlement discussions underway.
Next Activity:
conditional use.
None. Stayed during Good's application for major
Time: 8.6 hours
Costs:
$5.56
Harum. James v. Monroe County. DOH. & Z. Krstic CA P 05 TBA
Circuit Court (16th) Judge: Date Filed:
Threatened action for injunctive relief to compel County to prosecute code
enforcement violation against Zivadin Kristic by his neighbor James Harum.
County had already scheduled the code enforcement hearing for May 2005 prior
to receiving notice of suit. Statute requires 30 days notice prior to filing action.
Current Status:
Underlying code case held 5/26/05, mitigation plan in effect.
Next Activity:
Move to dismiss and for sanctions if filed since w/o merit.
Time: 2.4
Costs:
$0.00
7
State of Florida v. Monroe County TBA
TBA Judge: TBA Date Filed: n/a
Threatened action by AG's Medicaid Fraud unit regarding alleged over billings for
ambulance services for advanced life support services vis a vis basic life support
services.
Current Status: After not hearing from state for over a year, AG is proposing
negotiated agreement on how to bill future services in exchange for a dismissal
of all prior disputed billings.
Next Activity:
Settlement conference with State.
Time: 9.2
Costs:
0.00
CODE ENFORCEMENT APPEALS
Decker. Harry v. Monroe County 3D05-305
Third DCA Judges: TBA Date Filed: 2/14/05
Appeal of circuit court's decision upholding Code Enforcement Special
Magistrate's decision finding property owner in violation of OSTDS ordinance.
Growth Management/Code Enforcement
Status:
Court denied Decker's Petition for Writ of Certiorari 5/17/05.
Next Activity:
None - remanded to Circuit Court.
Time: 7.2
Costs:
15.00
Decker. Harry v. Monroe County
Circuit Court 16th Judge Payne
This is an appeal of a code enforcement OSTDS case.
CA K 01-1252
Date Filed: 10/5/01
Current Status: Decision affirmed by Third DCA on 5/17/05.
Next Activity: Issue mandate to Code Enforcement Special Magistrate.
Time: 19.0 hours Costs: none
8
Eads. Barbara v. Monroe County CAP 03-117
Circuit Court 16th Judge Garcia Date Filed: 2/27/03
This is a code enforcement appeal of the special master's order finding the Lowe
House to be in unsafe condition and setting forth a compliance schedule.
Status:
Appeal stayed pending review by HPC.
Next Activity: Status check 6/1/05.
Time: 3.6 hours Costs: none
Fuchs. WalburQa v. Monroe County
Circuit Court (16th) Judge Miller
This is a code enforcement appeal of an OSTDS case.
CA K 01-1251
Date Filed: 10/5/01
Current Status: The County's brief filed.
Next Activity:
Await Court's decision.
Time: 11.5 hours Costs: none
Monroe County v. Lanes. GeorQe & Denise CA M 04-310
Circuit Court (16th) Judge: Jones Date Filed: 9/15/04
Appeal of decision regarding elevation requirements for replacement structure.
PJM
Current Status: Oral argument and briefs completed.
Next Activity: Awaiting decision by the Court.
Time: 10.0 hours Costs: none
9
CODE ENFORCEMENT FORECLOSURES/COLLECTIONS
Monroe County v. Mario Alfonso CA K 03-1458
Circuit Court (16th) Judge: Jones Date Filed: 12108/03
Code enforcement foreclosure action authorized by the BOCC on 6/18/03.
Fine fixed at $91,450.00.
Current Status:
6/2/05.
Settlement check $15,920.55 sent to code enforcement
Next Activity:
File dismissal, then close file.
Time: 25.7 hour
Costs: $151.70
Monroe County v. Matthew Bonnett CA K 05 TBA
Circuit Court (16th) Judge: TBA Date Filed: TBA
Code enforcement lien collection action authorized 10/17/04. PJM
As of 5/1/5, $150/day fine exceeded $78,000.00.
Current Status:
Demand letter prepared.
Next Activity:
Serve demand letter.
Time: .5
Costs: 0.00
Monroe County v. Dirk Damrau CA K 05 (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action authorized by the BOCC 6/18/03. Fine was
$169,900.00 as of 7/18/03 and accruing at $200.00 per day.
Current Status: Compliance achieved.
Next Activity:
File suit.
Time: 2.2 hour
Costs: none to date
10
Monroe County v. William L. Davis CA P 04-181
Circuit Court (16th) Judge: Garcia Date Filed: 4/15/04
Action to collect $27,600.00 code enforcement fine from former owner of property
who fraudulently sold property to innocent owner. OF in Federal prison.
Current Status:
Final Judgment of $28,431.00 entered 4/13/05.
Next Activity:
Record Judgment with State, collection.
Time: 6.2 hour
Costs:
$21 .00
Monroe County v. Reinaldo DelQado & Lourdes Nunez CA P 05 TBA
County Court (Civil) Judge: ptomey Date Filed: TBA
Collection action authorized by BOCC on 6/16/04. Fine set at $6600.00.
Current Status:
BOCC to consider releasing lien on 6/15/05.
Next Activity:
Status check 6/16/5.
Time: 2.2
Costs:
0.00
Monroe County v. Dan Gleason SC P 03 - 165
Small Claims Court Judge: ptomey Date Filed: 8/5/03
Small claims action for a money judgment to collect $520.00 in unpaid code
enforcement fines and costs authorized by the BOCC in April of 2003.
Current Status:
Final judgment registered w/ Dept. of State.
Next Activity: Continue w/ enforcement proceedings.
Time: 9.5 hours
Costs: $65.92
Monroe County v. Marshall Golnick CC K 05-86
County Court Judge: Fowler Date Filed: 3/21/05
Collection action authorized by BOCC on 6/16/04. Fine set at $11,300.00.
Current Status: Settled for $8000.00 in 3 monthly payments. First payment
received on time.
Next Activity: OF to make 2 more payments on 6/30, & 7/31/05.
Time:
10.0
Costs: $575.00
11
Monroe County v. Jack HaQopian. CA P 03-529
Circuit Court (16th) Judge: GARCIA Date Filed: 10/1/03
Code enforcement collection action authorized by BOCC on 8/20/03. Fine was
$203,100.00 as of 9/30/03 and accruing at $250.00 per day.
Current Status: 3d Party OF motion to dismiss denied.
Next Activity: Hearing on summary judgment motion.
Time:
14.7
Costs: $20.00.
Monroe County v. Dorothy HouQh. et al. CA P 05-160
Circuit Court (16th) Judge: Garcia Date Filed: 4/6/05
Code enforcement collection action authorized by BOCC on 9/17/03. As of
9/25/3 lien valued at $25,050.00 and accruing at $50.00 per day.
Current Status: Two DFs served answer on 6/1/05; Discovery pending.
Next Activity: Diane's Interrogatory Answers overdue.
Time: 5.6
Costs:
$330.00
Monroe County v. James JeanQuenat CA P 05 ------------
Circuit Court (16th) Judge: Date Filed:
Code Enforcement collection action authorized by BOCC on 4/21/04. As of that
date, the fine was $136,100.00 and accruing at $500.00 per day.
Current Status:
Negotiating with owner.
Next Activity:
Status check 6/1/05.
Time: .7
Costs:
none
Monroe County v. Key LarQo Ocean Resorts CooP. Inc. CA P 96-260
Circuit Court (16th) Judge Garcia Date Filed: 5/20/96
This is an action to foreclose a code enforcement lien.
Current Status: Revised development agreement application being reviewed
by Growth Management.
Next Activity:
Status report due with the Court 7/1/05.
Time: 36.6 hours
Costs: $340.00
12
Monroe County v. Pedro Liz CA K 05 420
Circuit Court (16th) Judge: Jones Date Filed: 4/22/2005
Code enforcement collection action authorized by BOCC on 7/17/03 & 9/17/03.
Total fines as of 4/27/05, $816,300.00.
Current Status:
Complaint filed.
Next Activity:
Serve OF.
Time:
3.2
Costs:
$555.00
Monroe County v. Jean M. Louis & Itnor Corp. CA K 05 TBA
Circuit Court (16th) Judge: TBA Date Filed: TBA
Code enforcement lien collection action authorized by BOCC on 10/17/04.
Fine set at $34,200.00. PJM
Current Status: Owners not complying with settlement agreement approved
by BOCC on 4/20/05.
Next Activity:
File foreclosure action if not resolved.
Time:
1.5
Costs:
0.00
Monroe County v. Lily Marks
Circuit Court (16th) Judge: Jones
Collection action of 2 code enforcement liens.
amount of $795,270.00.
CA K 03-1152
Date Filed: 10/2/3
Final Judgment entered in the
Current Status: Final judgment entered for $795,270.005/9/05.
Next Activity: Collection, if not appealed by 6/13/05.
Time: 8.3
Costs:
$20.00
Monroe County v. Arthur Mehr (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed: TBA
Code enforcement foreclosure action that was authorized by the BOCC 6/18/03.
Fine had reached $28,380 on 7/18/03 and continues to accrue at $20 per day.
Current Status: Title search complete.
Next Activity: File suit.
Time: 2.1 hour
Costs: $150.00
13
Monroe County v. Blair & Althea Mooney
Circuit Court (16th) Judge: TBA Date Filed:
Code lien collection action authorized by BOCC on 10/17/04.
Fine fixed at $146,100.00.
CA K TBA
TBA
PJM
Current Status:
Negotiating with owners' counsel.
Next Activity:
Presentation of settlement offer at June BOCC meeting.
Time: .5 hour
Costs: $0.00
Monroe County v. Outland Properties CA P 05 TBA
Circuit Court (16th) Judge: Garcia Date Filed: TBA
Code lien collection action authorized by BOCC on 10/17/04.
As of 5/1/05, $500 daily fine exceeded $225,000.00. PJM
Current Status:
Demand letter drafted.
Next Activity:
Serve demand letter.
Time: .5 hour
Costs: 0.00
Monroe County v. RodriQuez. Federico et al CA K TBA
Circuit Court (16th) Judge: TBA Date filed: TBA
Code lien collection action authorized by BOCC on 10/17/04. PJM
Current Status:
$7,500 settlement approved by BOCC 4/20/05.
Next Activity:
Finalize paperwork, then close file.
Time: 1.5 hours
Costs: 0.00
Monroe County v. Safe Harbor Marine Railway Corp. CA K 05 (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action that was authorized by the BOCC 6/18/03.
As of 1/1/4, lien totaled $106,700.00.
Current Status: Title search complete.
Next Activity:
Draft complaint.
Time: 1.5 hour
Costs: none to date
14
CASES BEING LITIGATED BY OUTSIDE COUNSEL
(other than Morgan & Hendrick)
Ferencik, Libanoff, Brandt, Bustamante and Williams, P.A.
Monroe County v. Bender & Associates. et al CA K 03 915
Circuit 16th Judge: Jones Date Filed: 8/4/03
Suit filed against Bender & Associates, D.L. Porter Constructors, Inc., Security
Impact Glass Holdings, L. L. C., and Preservation Services, Inc. for breach of
contract and negligent misrepresentation arising from the defective design,
fabrication, and/or installation of the windows in the Gato building.
Status:
Discovery ongoing.
Next Activity:
Hearing on motion to dismiss 6/29/05.
Fees billed to date:
$45,121.00 Costs:
$5,675.68
Monroe County v. LodQe Construction. et al. CA K 00-617
Circuit 16th Judge: Payne Date Filed: 5/11/2000
Suit filed against general contractor Lodge Construction & its surety for breach of
contract to build Gato Building.
Status: Reserved on appeal November 24,2004. New trial granted.
Mandate issued 2/16/05.
Next Activity:
Set for trial.
Fees billed to date:
$298,015.26 Costs:
$71,523.81
Bob Freilich & Tyson Smith
Collins. Thomas et al v. Monroe County
Circuit Court 16th Judge: Payne
Takings action brought by 11 groups of plaintiffs.
Growth Management
CA M 04-379
Date Filed: 11/22/04
Status:
Discovery.
Next Activity:
Motion to compel discovery hearing 6/21/05.
Fees billed to date:
To be provided.
15
Johnson, Anselmo Murdoch Burke & George
BaukniQht. Ska~s & Rockett v. Monroe County CA P 04-451
Circuit Court 16 Judge: Garcia Date Filed: 9/24/04
Inverse condemnation/takings case filed by Jimmy & Nancy Bauknight, Teague
Skaggs, & Kathleen Rockett for three lots on Big Pine Key. Mayor served 10/4/4.
Growth Management
Status:
Federal Court remanded to state court.
Next Activity:
Action on hold pending appeal in 11 th Circuit.
Fees billed to date:
$832.24
Costs:
0.00
BaukniQht. SkaQQs & Rockett v. Monroe County 04 CV 10105
U.S. D.C. S.Fla. Judge: Moore Date Filed: 11/1/04
Inverse condemnation/takings case filed by Jimmy & Nancy Bauknight, Teague
Skaggs, & Kathleen Rockett for three lots on Big Pine Key. Mayor served 10/4/4.
Growth Management
Status: Federal Court remanded to state court. Attorney's fee motion
appealed to 11th Circuit
Next Activity:
None.
Fees billed to date:
none
Costs:
0.00
BaukniQht. et al. v. Monroe County TBA
11th Cir. Ct. of Appeals Judges: TBA Date Filed: 2/11/05
Appeal of denial of attorney's fees motion filed against the County by takings
case plaintiffs. County had removed the case to Federal Court; plaintiffs sought
remand and attorneys fees. Case was remanded to state court but fees denied.
Plaintiffs are seeking between $15,000 and $18,000 in fees.
Growth Management
Status:
Briefs completed.
Next Activity:
Awaiting Court's decision.
Fees billed to date: None.
16
Florida Keys Citizens Coalition v. State & Monroe County DOAH 04-2756
DOAH Judge: Carolyn Holifield Date Filed: 08/05/04
Administrative Rule challenge to agreement with State to fund purchases of
environmentally sensitive lands, provide permits for workforce housing, etc; CAY
serving as co-counsel.
Growth Management
Status:
Recommended final order filed 1/28/05.
Next Activity:
Awaiting decision of Court.
Fees billed to date:
$59,464.92
Neuman. Kenneth v. Monroe County CA K 04-663
Circuit Court 16th Judge: Jones Date Filed: 6/21/04
Action for damages and to compel County to issue building permits for property
on Big Pine. CAY serving as co-counsel.
Growth Management
Status:
Discovery.
Next Activity:
Discovery.
Fees billed to date:
$2,326.92
Riverview Consultants. Inc. v. Monroe County CA K 05-373
Circuit Court 16th Judge: Jones Date Filed: 4/13/2005
Tortious interference with contract case arising from Airport security director's
termination of a consultant subcontract. League of City's carrier counsel.
Ai rportlM CSO
Status:
Plaintiff gave mandatory 6 month notice of claim on April 8, 2005.
Next Activity:
File responsive pleading once served.
Fees billed to date:
none.
17
Purdy, Jolly & Giuffreda, P.A.
Evans. Brian v. Monroe County 04-CIV-10033-JLK
U.S.Dist.,S.D.Fla. (Miami) Judge: King Date Filed: 5/6/04
Civil action against the County, and others, arising from actions of Sheriff's office
in publicizing the rescission of a warrant it had obtained for his arrest. MCSO
Current Status: Court awarded County & Sheriff $4579.00 in attorney's fees
against Evans for filing frivolous suit & denied Evan's motion to stay enforcement
of judgment pending appeal.
Next Activity:
Collection.
Fees billed to date:
none
Costs:
0.00
Evans. Brian v. Monroe County. et al. CIV S 04-1042 LRH
U.S. D.C. Nevada Judge: Jones Date Filed: 7/28/04
Same allegations as prior case which were brought in Nevada. MCSO
Current Status:
Evans has appealed dism issal by Court.
Next Activity:
None while case is on appeal.
Fees billed to date:
none
Costs: 0.00
Evans. Brian v. KW Citizen. Monroe County. et al CV S 04-1742-KJD-LRL
U.S. D.C. Nevada Judge: Dawson Date Filed: 1/6/2005
Defamation suit over alleged misstatements by Mark Willis in the Citizen. MCSO
Status:
Evans dismissed case on 2/11/05. Evans states he will refile.
Next Activity:
Await service.
Fees billed to date:
none
Costs:
0.00
Evans. Brian v. MCSO. Monroe County. et al. 04-17429
9th Circuit Court of Appeals Judges: TBA Date Filed: 12/09/2004
Appeal of Nevada Court's dismissal of suit in CIV S 04-1042 LRH.
Status:
Briefs completed.
Next Activity:
Await decision by Court.
Fees billed to date:
none
Costs:
0.00
18
Evans. Brian v. MCSO. Monroe County. et al. 05-10077-B
11th Circuit Court of Appeals Judges: TBA Date Filed: 1/5/2005
Appeal of award of attorney's fees against Evans for filing a frivolous lawsuit.
MCSO
Status:
Briefs completed.
Next Activity:
Await decision by Court.
Fees billed to date:
none
Costs:
0.00
The Smith Law Firm
Monroe County v. Post Buckley. Schuh. and JerniQan CA K 95-402
Circuit Court (16th) Judge: Payne Date Filed: 3/30/95
Malpractice claim against the County's former engineering firm for miscalculation
of bonds necessary to finance improvements to Card Sound Road.
Public Works
Current Status:
Trial began 6/6/05.
Next Activity:
Verdict.
Fees billed to date:
To be provided.
Vernis & Bowling of the Florida Keys, P.A.
GAP Properties of SW Florida-I. Inc. v. Monroe County CA K 04-1321
Circuit Court (16th) Judge: Payne Date Filed: 12/10/2004
Certiorari review of administrative action involving dock failure to obtain plat
approval due to subdividing and an improper change of use without a major or
minor conditional use permit.
Growth Management
Status:
Pleadings completed.
Next Activity:
Oral argument 10/1/5 at 11 a. m.
Fees billed to date:
$25,595.00
Costs: $250.00
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Key Tex S. D. Condo Assoc. v. Monroe County & T. McGarry CA K 04-224
Circuit Court (16th) Judge: Jones Date Filed: 3/2/04
Action to prevent County from denying permits because of ownership conversion
to condominiums and compel County to accept permit applications that have
been rejected MCC 9.5-49.
Growth Management
Status:
Only 1 of 5 counts remain.
Next Activity:
Hearing for Motion for a More Definite Statement 6/21/5.
Fees billed to date:
$32,290.50
Costs: $1,831.69.
Monroe County v. Mary Boza. CA K 03-1508
Circuit Court (16th) Judge: Jones Date Filed: 12/18/03
Code enforcement foreclosure action authorized by the BOCC on 4/18/03.
Current Status: Default judgment entered 5/11/05; owner to make presentation
for settlement at June 15, 2005 BOCC meeting.
Next Activity: Sale set for July 2005.
Fees billed to date:
none.
Monroe County v. Alain Y. Depierrefeu. CA K 03-1504
Circuit Court (16th) Judge: Jones Date Filed: 12/18/2003
Code enforcement foreclosure action authorized by the BOCC on 4/18/03.
Current Status: Clerk's default entered on 3/21/05.
Next Activity:
Hearing on final default judgment continued to 6/21/05.
Fees billed to date: none.
Monroe County v. Alain Y. Depierrefeu. CA K 03-1507
Circuit Court (16th) Judge: Jones Date Filed: 12/18/2003
Code enforcement foreclosure action authorized by the BOCC on 4/18/03.
Current Status: Clerk's default entered on 3/21/05.
Next Activity: Hearing on final default judgment continued to 6/21/05.
Fees billed to date: none.
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Monroe County v. Mary Ellen Lloyd. CA M 03-362
Circuit Court (16th) Judge: Jones Date Filed: 12/19/03
Code enforcement foreclosure action authorized by the BOCC 4/18/03.
The total amount of the lien owed to the County is $143,500.00.
Current Status:
Compliance achieved 8/31/2004.
Next Activity:
Settlement negotiations complicated by OF's health issues.
Fees billed to date: None.
Monroe County v. James Messera. et al CA K 03-1509
Circuit Court (16th) Judge: Payne Date Filed: 12/18/03
Code enforcement foreclosure action authorized by the BOCC 4/18/03.
Current Status:
Owners working on compliance.
Next Activity:
Moving forward with foreclosure.
Fees billed to date: none.
Monroe County v. Joe Posada. III CA K 03-1503
Circuit Court (16th) Judge: Payne Date Filed: 12/18/03
Code enforcement foreclosure action authorized by the BOCC 4/18/03.
Current Status:
Settlement unproductive.
Next Activity:
Proceed with foreclosure.
Fees billed to date: none.
Monroe County v. VirQinia Sawyer & Tony Welters CA K 03-1505
Circuit Court (16th) Judge: Payne Date Filed: 12/18/03
Code enforcement foreclosure action that was authorized by the BOCC 7/15/03.
Current Status: Attorney for some of Defendant's negotiating settlement.
Next Activity:
Publication to serve remaining DFs.
Fees billed to date: none.
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Monroe County v. VirQinia Sawyer CA K 03-1506
Circuit Court (16th) Judge: Payne Date Filed: 12/18/03
Code enforcement foreclosure action that was authorized by the BOCC 7/15/03..
Current Status: Attorney for the defendants negotiating settlement.
Next Activity: Publication to serve remaining DFs.
Fees billed to date: none.
Monroe County v. Louis Welters CA K 04-639
Circuit Court (16th) Judge: Jones Date Filed: 6/14/2004
Code enforcement foreclosure action that was authorized by the BOCC 7/15/03.
Current Status: Attorney for the defendants negotiating settlement.
Next Activity: Publication to serve remaining DFs.
Fees billed to date: None.
Osborn. Jeff v. Monroe County CAP 04-564
Circuit Court 16th Judge: Garcia Date Filed: 11/24/04
1 of 2 certiorari petitions challenging development approval of Northstar project.
Growth Management.
Status:
Pleadings complete.
Next Activity:
Oral argument set for 9/12/05 @ 8:45 a.m.
Fees billed to date:
$10,013.50 Costs:
$60.00
Osborn. Jeff v. Monroe County CAP 04-565
Circuit Court 16th Judge: Garcia Date Filed 11/24/04
2 of 2 certiorari petitions challenging development approval of Northstar project.
Growth Management.
Status:
PLs granted leave to refile petition by 6/10105.
Next Activity:
Respond to amended petition, if filed.
Fees billed to date:
$1,932.00 Costs:
0.00.
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