Thursday, April 21, 2022

Litigation update – short bite – Expect Palmetto Bay’s initial response to the latest Palmetto Bay Village Center lawsuit to be filed sometime in May, 2022.

The Village of Palmetto Bay was served with the Complaint for Relief on April 11, 2022.  CLICK HERE to view the notice of filing – Return of Service and other documents. This case is styled 17777 Old Cutler Road, LLC, v. Village of Palmetto Bay, Florida, Case No.: 2022-006141-CA-01. CLICK HERE to view the 258 page complaint.

IMPACT:       The Village of Palmetto Bay is expected to file the initial response sometime on May as the deadline for filing may be enlarged by agreement or upon motion to and order of the court.

The response could be an initial Motion to Dismiss filed to test the sufficiency of the complaint of Palmetto Bay may plan on filing its Answer and Affirmative defenses.  We are not in the loop as to what action they may take and the Village is most likely still considering their options at this time.

BACKGROUND - see prior related post of April 5, 2022, More litigation! In fact, a second lawsuit was filed April first (no joke) along with the Cert action. This case is styled 17777 Old Cutler Road, LLC, v. Village of Palmetto Bay, Florida, Case No.: 2022-006141-CA-01 details and links provided.

Other significant litigation pending (there are others cases filed that are not currently significant in my opinion):

17777 OLD CUTLER ROAD, LLC, VS VILLAGE OF PALMETTO BAY
Local case number: 2022-006141-CA-01  (the case discussed in this post)
Filed April 1, 2022

17777 OLD CUTLER ROAD, LLC VS VILLAGE OF PALMETTO BAY, FLORIDA ET AL
Local case number: 2022-000012-AP-01
Filed April 1, 2022

VILLAGE OF PALMETTO BAY ET AL VS MIAMI-DADE COUNTY, FLORIDA
Local case number: 2022-003627-CA-01
Filed February 25, 2022

AMADO RODRIGUEZ ET AL VS VILLAGE OF PALMETTO BAY
Local case number: 2022-000305-CA-01
Filed January 6, 2022

YACHT CLUB BY LUXCOM, LLC VS VILLAGE OF PALMETTO BAY, FLORIDA
Local case number: 2020-023918-CA-01
Filed November 5, 2022

VILLAGE OF PALMETTO BAY, FLORIDA VS MIAMI-DADE COUNTY
Local case number: 2019-031036-CA-01
Filed October 18, 2019

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