Item P1
Memorandum
To: Richard Collins, County Attorney I /1 ~
From: Bob Shillinger, Asst. County Attorney a ('6 0
Date: December 13, 2004
Re: December 2004 CAY litigation report
NEW CASES FILED AGAINST THE COUNTY
Collins, Thomas et al v. Monroe County CA M 04-379
Circuit Court 16th Judge: Payne Date Filed: 11/22/04
Takings action brought by 20 plaintiffs including some parties who jointly own
parcels.
Growth Management; Mayor Served November 23, 2004
Status: At BOCC's direction, Freilich, Leitner, & Carlisle will be leading
County's defense. CAY will serve as co-counsel.
Next Activity: Responsive pleading due 12/23/04.
Time: 6.0 Costs: 0.00
Drewina, Janice v. Monroe County 3D 04-3044
Third DCA Judges: TBA Date Filed: 11/29/04
Appeal of denial of writ of mandamus in personnel matter.
Community Services/Social Services
Status:
Appellant's brief due February 7, 2004.
Next Activity:
Respond to Appellant's brief.
Time: 1.5
Costs:
0.00
Eleaant Kitchens & Baths, Inc. et al v. MC Contractor's Board 3004-2993
Third DCA Judge: TBA Date Filed: 11/29/04
Certiorari review of appellate decision upholding Contractor's Examining Board
violation for aiding and abetting an unlicensed contractor. (ACA Mercado).
Growth Management/Building/Contractor's Examining Board
Status: Contractor appealed Circuit Court's decision upholding CEB's
finding of a violation.
Next Activity:
County must respond to cert. petition by 12/21/04.
Time:
.5
Costs: 0.00
?I
Nunziante. Mari,*n v. Monroe County CA K 04-1227
Circuit Court 16 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: County & LaTorre will be defended by staff counsel for now.
Stipulation entered which permits plaintiff to remain in Bayshore pending
outcome of litigation. Disputed payments being escrowed.
Next Activity:
Answer amended complaint once served.
Time:
30.3 Costs: 0.00
Osborn. Jeff v. Monroe County CAP 04-564
Circuit Court 16th Judge: Garcia Date Filed: 11/24/04
First of two certorari petitions challenging development approval given on the
Northstar project.
Growth Management. No service yet.
Status:
claim.
Awaiting preliminary finding by Court on whether petition states a
Next Activity:
entered.
Respond to petition and Court's order to show cause, if
Time:
0.1
Costs:
0.00
Osborn. Jeff v. Monroe County CAP 04-565
Circuit Court 16th Judge: Garcia Date Filed: 11/24/04
Second of two certorari petitions challenging development approval given on the
Northstar project.
Growth Management. No service yet.
Status:
claim.
Awaiting preliminary finding by Court on whether petition states a
Next Activity:
entered.
Respond to petition and Court's order to show cause, if
Time:
0.1
Costs:
0.00
2
CASES CLOSED WITHIN LAST MONTH
Key West Bank v. K. McLeod. Monroe County. et al. CA K 04-1163
Circuit Court 16th Judge: Vernon Date Filed: 11/1/04
Mortgage foreclosure case against Kutina R. McLeod where County holds a
junior lien/mortgage.
Housing Authority
Status: Plaintiff dismissed claim 12/8/4; County dismissed cross claim
12/10/4 because owner refinanced and paid off SHIP mortgage.
Next Activity:
None. Closed.
Time:
3.2
Costs:
0.00
M.E.R.S.. Inc. v. K. Hardy & Monroe County CA P 04-334
Circuit Court 16th Judge Garcia Date Filed: 7/14/04
Mortgage foreclosure action against a person whom the County has a $100.00
code enforcement lien against.
Growth Management/Code Enforcement
Current Status: Clerk reports notice of voluntary dismissal 11/18/2004
Next Activity: none. Filed closed.
Time:
1.3
Costs:
0.00
State of Florida v. Monroe County TBA
Circuit Court (TBA) Judge: Date Filed:
Threatened litigation against the County by the AG's Medicaid Fraud unit.
Public Safety
Status:
Statute of Limitations on disputed billings has expired.
Next Activity:
File closed.
Time: 4.1
Costs:
0.00
3
GENERAL LITIGATION
In re: Marie Charles EEOC 150-2005~0083
EEOC Miami Date Filed: 10/15/04
Allegations of civil rights violation due to discrimination on national origin.
Community ServiceslTransportation
Status: Investigated in house. Response submitted 11/12/04. Additional
information submitted on 12/3104.
Next Activity:
Await reply by EEOC.
Time:
11.7
Costs:
15.00
Clay. Robert Lee~ John & Li Chiuna Moyant v. Monroe County CA M 04-05
Circuit Court 16t Judge: Jones Date Filed:01/05/04
Mandamus Petition to release building permits for 2 properties on Big Pine or
alternatively seek damages for inverse condemnation. Mayor served 1/8/04;
amended petition adding two additional owners filed 2/314.
Growth Management.
Status:
Court approved settlement agreement.
Next Activity:
Awaiting dismissal by Petitioners.
Time: 3.3
Costs:
None
Drewina. 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 arid her
supervisor Louis Latorre. Community Affairs/Social Services
Status: Drewing appealed to Third DCA. County's Motion for Attorney's
fees pending. Court denied writ of mandamus wlo hearing.
Next Activity:
Attorney's fees motion stayed pending appeal.
Time:
19.5
Costs:
0.00
4
EleQant Kitchens & Baths, Inc. et al v. MC Contractor's Board CA M 03-312
Circuit Court 16th Judge: Jones Date Filed: 10/30/2003
Appeal from Contractor's Examining Board of a violation for aiding and abetting
an unlicensed contractor. ACA Mercado is handling this case.
Growth Management
Status:
County prevailed; Court affirmed Contractor's Board's decision. .
Next Activity:
None. Case on appeal to Third DCA.
Time:
17.0
Costs: 0.00
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 Sheriffs 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.
Next Activity:
Collection
Time: 9.5 .
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. CAY co-counsel with
Johnson, Anselmo. Growth Management
Current Status: Trial concluded 11/18/04.
Next Activity: Proposed final orders due 1/7/05.
CAY Time: 178.6 Costs: TBA
Harris, Steven & Lourdes Spellman v. Monroe County CA P 04-178
Circuit Court (16th) Judge: Garcia Date Filed: 4/14/04
Quiet title action involving road abandonment of Oceana Road in Key Largo.
Public Works
Status:
Settled.
Next Activity:
Awaiting approval of agreement by Court.
Time: 8.2
Costs:
none
5
Hiaas, Ervin v. Value Adiustment Board of Monroe County CA K 04-430
Circuit Court (16th) Judge: Payne Date Filed: 4/20/04
Action for injunctive relief against the VAS seeking to restore tax roll to just value
and to enjoin VAS from misapplying law in future valuations. V AB
Status:
VAS reviewing proposed rules of procedure.
Next Activity:
Higgs to dismiss suit if/when rules of procedure adopted.
Time:
16.2
Costs:
$76.00
Hinote Construction v. Monroe County CA P 03-344
Circuit Court (16th) Judge Garcia Date Filed: 6/18/2003
Civil Rights action arising out of a d-enial by the Planning Commission of a
transfer of commercial square footage to the proposed Walgreen's in Key Largo.
Growth Management.
Current Status:
Plaintiff's dismissed 10/12/04.
Next Activity:
Exchange releases.
Time: 25.0 hours
Costs: $50.46
McCoy, Kimberl~ & Jack v. Monroe County CA P 04-62
Circuit Court (16 h) Judge: Garcia Date Filed: 2/13/04
Slip and fall injury case on Indian Avenue, Tavernier, a County road. CAY acting
as co-counsel with carrier's counsel. Public Works/Risk Management
Status:
Settlement negotiations.
Next Activity:
Finalize settlement.
Time: 3.7
Costs:
100.00
Monroe County v. Mark Fraleiah 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:
County filed Motion to compel discovery on 12/9/04.
Next Activity: Hearing scheduled for 1/12/05.
Time: 16.3
Costs: NONE
6
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
Status: CAY serving as co-counsel. Discovery phase. Settlement
negotiations ongoing.
Next Activity:
Depositions to be set.
Time:
5.8
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: County filed response on 5/17/04.
Next Activity: Trial set for 2/2/05.
Time: 16.1 hour Costs:
none to date
Smart Plannina & Growth Coalition v. Monroe County CA P 04-8
Circuit Court 16th Judge: Payne Date Filed: 1/13/04
Certiorari Petition and Declaratory Judgment act alleging that County's
settlement with Hinote Construction, Inc. is inconsistent with compo plan.
Growth Management
Status:
Motion for Attorney's fees filed.
Next Activity: Set hearing on motion.
Time: 26.5 Costs:
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:
2.9
Costs:
0.00
7
POTENTIAL CASES THAT HAVE NOT BEEN FILED
Lloyd Good v. Monroe County CA K 04 -----
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: Statutory Notice provided to Dept. of Legal Affairs on 12/9/3.
Next Activity: Deadline for responding extended to November 2004.
Time: 2.1 hours
Costs:
$5.56
Monroe County v. Florida Detroit Diesel SC K 04 TBA
County Court (Sm. Claims) Judge:
Collection action seeking reimbursement for $4,905.00 in clean up costs
associated with improperly installed machinery.
Fleet management/Risk Management
Current Status: Demand letter sent.
Next Activity: Seek BOCC approval in December if no payment made.
Time: 8.1 Costs: 0.00
TSA v. Monroe County Aviation Department 2004 FLL 0048
TSA Admin. Hearing ALJ: TBA Date Filed: 5/18/2004
KWIA received notice of proposed civil penalty ($10,000) to be levied against
KWIA for security incident self reported by KWIA.
Key West International Airport
Status: Being handled in house by ACA Mercado
Next Activity:
Negotiations.
Time: 3.0
Costs: 0.00
8
TSA v. Monroe County Aviation Department 2004 FLL 0049
TSA Admin. Hearing ALJ: TBA Date Filed: 5/18/2004
KWIA received notice of proposed civil penalty ($10,000) to be levied against
KWIA for security incident self reported by KWIA.
Key West International Airport
Status: Being handled in house by ACA Mercado
Next Activity: Negotiations ongoing.
Time: 5.5
Costs: 0.00
TSA v. Monroe County Aviation Department 2004 FLL 0050
TSA Admin. Hearing ALJ: TBA Date Filed: 6/25/2004
KWIA received notice of proposed civil penalty ($10,000) to be levied against
KWIA for security incident self reported by KWIA.
Key West International Airport
Status: Being handled in house by ACA Mercado
Next Activity: Negotiations ongoing.
Time: 5.5
Costs: 0.00
TSA v. Monroe County Aviation Department 2004 FLL 0051
TSA Admin. Hearing ALJ: TBA Date Filed: 6/25/2004
KWIA received notice of proposed civil penalty ($10,000) to be levied against
KWIA for security incident self reported by KWIA.
Key West International Airport
Status: Being handled in house by ACA Mercado
Next Activity:
Negotiations ongoing.
Time: 3.0
Costs: 0.00
TSA v. Monroe County Aviation Department 2004 FLL 0054
TSA Admin. Hearing ALJ: TBA Date Filed: 6/25/2004
KWIA received notice of proposed civil penalty ($10,000) to be levied against
KWIA for security incident self reported by KWIA.
Key West International Airport
Status: Being handled in house by ACA Mercado
Next Activity:
Negotiations ongoing.
Time: 3.0
Costs: 0.00
9
ARTICLE V APPEALS
Monroe County Bail Bonds v. State ex reI. Monroe County CF K 03-765
Circuit Court (16th) Judge: Date Filed: 817/03
This is an appeal of a County Court decision to deny a bail bondsman's motion to
set aside a bond forfeiture. Bond amount is $2500.00. Lower Court case is
styled State v. James Thomas Hastings, 2003 MM 1845 K.
Current Status: Court dismissed appeal on 6/3/04.
Next Activity:
Proceed to judgment in County Court case.
Time: .7 hour
Costs: none to date
Monroe County Bail Bonds v. State ex rei. Monroe County CF K 03-754
Circuit Court (16th) Judge: Date Filed: 8/7/03
This is an appeal of a County Court decision to deny a bail bondsman's motion to
set aside a bond forfeiture. Bond amount is $10,000.00. Lower Court case is
styled State v. David Paul Saunders, 2002 MM 2083 K.
Current Status: 12/6/04, Court affirmed trial court's ruling; County prevailed.
Next Activity:
If no rehearing, remand to county court for payment of bond.
Time: 8.8 hour
Costs: none to date
CODE ENFORCEMENT APPEALS
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: Court reinstated appeal. Brief done.
Next Activity: Awaiting decision.
Time: 18.8hours Costs: none
10
Eads, Barbara v. Monroe County CAP 03-117
Circuit Court 16th Judge Garcia Date Filed: 2/27/03
This is ~ 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 1/3/05.
Time: 3.6 hours Costs: none
Fuchs, Walburaa v. Monroe County
Circuit Court (16th) Judge Vernon .
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
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: Judge Payne affirmed most of Special Master's order.
Stevenson appealing that decision to Third DCA. Cross appeal filed.
Next Activity: See below.
Time: 31.0 hours Costs: none
Stevenson, MK v. Monroe County 3D04-1715
Third DCA Judges: TBA Filed: 6/20/04
Appeal of Judge Payne's ruling upholding majority of Code Enforcement Special
Master's decision regarding Caribbean Village storage sign.
Current Status: Appellant granted extension by 3d DCA to file initial brief.
Next Activity: Appellant's brief due 1/8/5.
Time: .8 hours (this appeal only) Costs: none
11
Turner, Marcia v. Monroe County CA P 04-329
Circuit Court 16th Judge: Garcia Date Filed: 7/8/04
Appeal of order entered by Code Enforcement Special Master
Growth Management/Code Enforcement
Status:
Motion to dismiss appeal filed.
Next Activity:
Hearing set for 12/15/04.
Time:
2.6
Costs:
0.00
CODE ENFORCEMENT FORECLOSURES/COLLECTIONS
Monroe County v. Mario Alfonso CA K 03-1458
Circuit Court (16th) Judge: (none yet) Date Filed: 12/08/03
Code enforcement foreclosure action authorized by the sacc on 6/18/03.
Fine fixed at $91,450.00.
Current Status: Settled.
Next Activity: Exchange agreements & releases.
Time: 23.6 hour
Costs: $151.70
Monroe County v. Holly Grace Blandeaux SC K 04-TBA
Small Claims Judge: TBA Date Filed: TBA
Code enforcement collection action authorized by sacc on 7/14/04.
Fine is fixed at $584.88.
Current Status: Demand letter returned unclaimed, complaint drafted.
Next Activity: File suit in small claims court.
Time: 2.4 Costs: 0.00
12
Monroe County v. Patricia Cambo. et al CA K 04 578
Circuit Court (16th) Judge: Payne Date Filed: 5/27/04
Action authorized by the SOCC 12/17/3. Fine fixed at $62,800.00. Three
defendants: M/M Joel Rogers, current owners; Patricia M. Cambo, violator/former
owner.
Current Status: Property compliant after 418 days.
Next Activity: Discovery; negotiations
Time: 11.4 hour
Costs: $0.00
Monroe County v. Marcos Caso CA K 04
Circuit Court (16th) Judge: Date Filed:
Code enforcement lien foreclosure action authorized by SOCC on 4/21/04. Fine
was $18,200.00 on that date and accruing at $100.00 per day.
Current Status: Owner in compliance.
Next Activity: Settlement agreement on agenda 12/15/04.
Time: .6 hours
Costs: $0.00
Monroe County v. Dirk Damrau CA K 03 (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action authorized by the SOCC 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: Negotiate settlement.
Time: 1.6 hour
Costs: none to date
Monroe County v. William L. Davis CA P 04-181
Circuit Court (16th) Judge: Garcia Date Filed: 4/15/04
Action to collect $29,500.00 code enforcement fine from former owner of property
who fraudulently sold property to innocent owner. OF in Federal prison.
Current Status: Default entered October 19, 2004.
Next Activity: Motion for Final Judgment.
Time: 4.2 hour
Costs:
$21.00
13
Monroe County v. Reinaldo Delaado & Lourdes Nunez CA P 04 TBA
County Court (Civil) Judge: ptomey Date Filed: TBA
Collection action authorized by BaCC on 6/16/04. Fine set at $6600.00.
Current Status: Researching issues raised by owners re: timely compliance.
Next Activity: Present request to release lien October meeting.
Time: 2.0
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 BaCC in April of 2003.
Current Status: Final judgment registered wi Dept. of State.
Next Activity: Continue wi enforcement proceedings.
Time: 9.5 hours
Costs: $65.92
Monroe County v. Marshall Golnick CC K 04-TBA
County Court Judge: TBA Date Filed: TBA
Collection action authorized by BaCC on 6/16/04. Fine set at $11,300.00.
Current Status: Demand letter pending
Next Activity: Title search.
Time:
6.5
Costs: 0.00
Monroe County v. Jack Haaopian. CA P 03-529
Circuit Court (16th) Judge: GARCIA Date Filed: 10/1/03
Code enforcement collection action authorized by BaCC on 8/20103. Fine was
$203,100.00 as of 9/30103 and accruing at $250.00 per day.
Current Status: County filed Motion for Summary Judgment.
Next Activity: Motion for summary judgment hearing, TBA.
Time: 9.1
Costs:
$20.00.
14
Monroe County v. Dorothy Houah CA P 03 (~
Circuit Court (16th) Judge: Date Filed:
Code enforcement collection action authorized by SOCC on 9/17/03. As of
9/25/3 lien valued at $25,050.00 and accruing at $50.00 per day.
Current Status: Owner's A TF permit waiting to be issued.
Next Activity: Negotiating w/ owner.
Time: 1.0
Costs:
none
Monroe County v. James Jeanauenat CA P 04 -----------
Circuit Court (16th) Judge: Date Filed:
Code Enforcement collection action authorized by SOCC 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 11/1/04.
Time: .7
Costs:
none
Monroe County v. Chris Johnson CA K 03-1173
Circuit Court (16th) Judge: Payne Date Filed: 10/7/03
Code enforcement foreclosure action that was authorized by the SOCC 7/15/03.
$12,000.00 per day since 2/21/03.
Current Status: County owns property; deficiency judgment in the amount of
$3,828,514.80. Judgment filed w/ Dept. of State.
Next Activity:
Attempt to enforce judgment; clean up property.
Time: 16.6 hours
Costs: $389.00
Monroe County v. Key Larao 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: Complete development agreement application submitted
5/12/04. In review by Growth Management.
Next Activity:
Status report due 1/1/05.
Time: 36.6 hours
Costs: $340.00
15
Monroe County v. Pedro Liz (Bakery)
Circuit Court (16th) Judge: Date Filed:
Code enforcement collection action authorized by SOCC on 7/17/03 when fine
was $119,900.00 and accruing at $200.00 per day.
CA K 03 (TBA)
Current Status: Owner working towards compliance.
Next Activity: Status review 10/1/04.
Time: 1.0
Costs:
none
Monroe County v. Pedro Liz (Trailer) CA K 03 (TBA)
Circuit Court (16th) Judge: Date Filed:
Code enforcement collection action authorized by SOCC on 9/17/03. As of
9/25/3 lien valued at $133,300.00 & accruing at $200 per day.
Current Status: Owner working towards compliance.
Next Activity: Status review 9/1/04.
Time: .5
Costs:
none
Monroe County v. Lily Marks CA K 03-1152
Circuit Court (16th) Judge: Jones Date Filed: 10/2/3
Two code enforcement collection actions authorized by SOCC on 8/20/03 and
12/27/03. As of 5/26/04, fines totaled $537,950.00 and accruing at $750/day.
Current Status: DF answered first amended complaint.
Next Activity: Discovery.
Time: 4.0
Costs:
$20.00
Monroe County v. Arthur Mehr
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action that was authorized by the SOCC 6/18/03.
Fine had reached $28,380 on 7/18/03 and continues to accrue at $20 per day.
(TBA)
Current Status: Negotiating wI owner.
Next Activity: Status review 10/1/4.
Time: 2.1 hour
Costs: $150.00
16
Monroe County v. Safe Harbor Marine Railway Corp.
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action that was authorized by the sacc 6/18/03.
As of 1/1/4, lien totaled $106,700.00.
CA K 03 (TBA)
Current Status: Title search pending.
Next Activity:
Status review 10/1/04.
Time: 1.5 hour
Costs: none to date
Monroe County v. Joseph Sutton CA K 03 (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action that was authorized by the sacc 6/18/03.
Fine was approximately $18,000.00 when compliance achieved.
Current Status: Property in compliance. Negotiating with owner.
Next Activity:
Status review 10/1/04.
Time: 1.5 hour
Costs: none
Monroe County v. Gertrude Waters
Circuit Court (16th) Judge:
Code enforcement collection action authorized
9/25/3 lien valued at $79,300.00.
CA M 03 (TBA)
Date Filed:
by sacc on 9/17/03. As of
Current Status: Settled.
Next Activity: Closed.
Time: 2.9 Costs:
$100.00
17
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: Payne 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:
Discovery.
Billing to date:
$39.676.00
Costs:
$5,603.78
Monroe County v. Lodae 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.
Next Activity:
Re-Trial dates to be set.
Billing to date:
$297,767.75
Costs:
$71,522.28
18
Johnson, Anselmo Murdoch Burke & George
Baukniaht, Ska~qs & 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:
removed to Federal Court.
Next Activity:
Action stayed while removal being litigated.
Billing to date:
$832.24
Costs:
0.00
Baukniaht, Skaaas & 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:
County removed case to Federal Court.
Next Activity:
Motions to remand to state court & stay discovery pending.
Billing to date:
none
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 to fund purchases of
environmentally sensitive lands, provide permits for workforce housing, etc; CAY
serving as co-counsel.
Growth Management
Status:
Trial completed.
Next Activity:
Recommended final orders and argument due 1/7/05.
Billing to Date:
$59,464.92
19
Hyatt & Saavedra Development Corp. v. Monroe County 4:04CV10005
US Dist. SO Fla. Judge: Moore Date Filed: 12/31/03
Civil Rights action based on refusal of County to issue building permit for
construction of McDonald's restaurant in Key Largo. Mayor served 1/8/04.
Status:
County's motion to dismiss granted 12/3/04.
Next Activity:
Seek fees if no appeal.
Billing to date: $20,437.57
McCoy. Kimberl~ & Jack v. Monroe County CA P 04-62
Circuit Court (16 h) Judge: Garcia Date Filed: 2/13/04
Slip and fall injury case on Indian Avenue, Tavernier, a County road. CAY acting
as co-counsel with carrier's counsel. Public Works/Risk Management
Status:
Settled for $12,100.00
Next Activity:
Close out file.
Billing to date:
$9,437.31
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:
Discovery ongoing.
Next Activity:
Discovery.
Billing to Date:
$499.50.
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.
Billing to Date:
$2,326.92
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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 Sheriffs office
in publicizing the rescission of a warrant it had obtained for his arrest. MCSO
Current Status: 12/1/04 Court awarded County & Sheriff $4579.00 in
attorney's fees against Evans for filing frivolous suit.
Next Activity:
Collection if no appeal by 1/1/5.
Billing to Date:
none
Costs:
0.00
Evans. Brian v. Monroe County. et al. CIV S 04-1042 LRH
U.S.D.C. Nevada Judge: Date Filed: 7/28/04
Same allegations as Evans v. Monroe County, et al,_04-CIV-10033-JLK, see
above, where County is seeking sanctions against Evans for vexatious and
frivolous litigation. MCSO
Current Status: Evans has appealed dismissal by Court.
Next Activity: Respond to Brief
Billing 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: Remanded by Third DCA for new trial.
Next Activity: Status conference to be set.
Billing to date:
$337,714.55
21
Vernis & Bowling of the Florida Keys, P .A.
Key Tex Shrimp Docks Condo Assoc. v. Monroe County CA K 04-224
Circuit Court (16th) Judge: Taylor Date Filed: 3/2/04
Petition for Prohibition to prevent County from denying permits because of
ownership conversion to condominiums and Mandamus to compel the building
department to accept permit applications that have been placed on hold.
Growth Management
Status:
Discovery & motions.
Next Activity:
County's motion to dismiss set for hearing on 2/2/5.
Billing to date:
$31,716.90
Monroe County v. Mary Boza, CA K 03-1508
Circuit Court (16th) Judge: Vernon Date Filed: 12/18/03
Code enforcement foreclosure action authorized by the BaCC on 4/18/03.
Current Status: Complaint filed.
Next Activity: Defendant served.
Billing to date:
none.
Monroe County v. Alain Y. Depierrefeu, CA K 03-1504
Circuit Court (16th) Judge: Vernon Date Filed: 12/18/2003
Code enforcement foreclosure action authorized by the BaCC on 4/18/03.
Current Status: Complaint filed.
Next Activity: Serve defendant.
Billing to date: none
Monroe County v. Alain Y. Depierrefeu, CA K 03-1507
Circuit Court (16th) Judge: Vernon Date Filed: 12/18/2003
Code enforcement foreclosure action authorized by the BaCC on 4/18/03.
Current Status: Complaint filed.
Next Activity: Serve defendant.
Billing to date: none
22
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 SOCC 4/18/03.
Current Status: Filed.
Next Activity: Discovery
Billing 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 SOCC 4/18/03.
Current Status: Filed.
Next Activity: Discovery.
Billing 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 SOCC 4/18/03.
Current Status: Settlement negotiations.
Next Activity: Discovery.
Billing to date:
none.
Monroe County v. Virainia 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 SOCC 7/15/03..
Current Status: Discovery
Next Activity:
Discovery
Billing to date: none
23
Monroe County v. Virainia Sawyer CA K 03-1506
Circuit Court (16th) Judge: Payne Date Filed: 12/18/03
Code enforcement foreclosure action that was authorized by the SOCC 7/15/03..
Current Status:
Discovery
Next Activity: Discovery
Billing to date: none
Monroe County v. Louis Welters CA K 04 (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action that was authorized by the SOCC 7/15/03.
Current Status:
Unknown.
Next Activity:
Unknown
Billing to date:
none.
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