1 IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO.: 2016-7964 CA 01 Division 23 (Judge Barbara Areces) VILLAGE OF BAL HARBOUR HOMESTEAD, a Florida municipal corporation, PARCEL: SS-016-03 Petitioner, v. SIMON FALIC and JANA FALIC, husband and wife, JP MORGAN CHASE BANK, N.A., and MIAMI-DADE COUNTY, et al., Respondents. ___________________________________/ STIPULATED FINAL JUDGMENT
THIS matter came before the Court upon stipulation and joint motion of Petitioner, VILLAGE OF BAL HARBOUR (“BAL HARBOUR”), and Respondents, SIMON FALIC and JANA FALIC (“FALICS”), for entry of final judgment awarding compensation, damages, attorney’s fees, court costs, and expert witness fees to the FALIC’s. The Court being fully advised in the premises, it is, ORDERED AND ADJUDGED: 1. The Court has jurisdiction over the subject matter and parties to this cause, including all persons and entities claiming any equity, lien, title, or other interest in or to Parcel SS-016-03, which is described in the Order of Taking entered on May 31, 2016, and attached to this Stipulated Final Judgment as Exhibit “1”.
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CASE NO.: 2016-7964 CA 01
2. BAL HARBOUR has complied with Sections 73.031 and 74.041, Florida Statutes, and has properly served the FALICS, an all other persons and entities claiming any equity, lien, title, or other interests in or to Parcel SS-016-03 with a Summons, a Petition in Eminent Domain, Notice of Lis Pendens, and a Declaration of Taking and Estimate of Value, the original of which have been filed by BAL HARBOUR with the Clerk of Court. The pleadings in this cause are sufficient and BAL HARBOUR has properly exercised its delegated authority for a proper purpose. The Declaration of Taking and Estimate of Value filed in this cause was made in good faith and based upon a valid appraisal, and the Order of Taking was entered after delivery of proper notice to all persons and entities (including the FALICS) claiming any equity, lien, title, or other interest in Parcel SS-016-03 with a sufficient opportunity to be heard. Accordingly, BAL HARBOUR’s title to Parcel SS-16-03 pursuant to the Order of Taking is ratified. 3. The parties stipulate and agree that the FALICS, shall have and recover of and from BAL HARBOUR the sum of FIVE THOUSAND 00/100 DOLLARS ($5,000.00) as full compensation for the taking of Parcel SS-016-03, inclusive of all claims for land, and severance damages, attorney’s fees, expert witness fees, and court costs. 4. That amount of the settlement set forth in Paragraph 3 above that represents compensation for the value of the land and severance damages, if any, for the taking of Parcel SS-016-03 is ONE HUNDRED DOLLARS ($100.00). This amount is subject to the apportionment claims of any party with an interest in Parcel SS-016-03 and the property, from which it was acquired. This amount represents the full and final compensation, inclusive of claims for land and severance damages for the taking of Parcel SS-016-03.
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CASE NO.: 2016-7964 CA 01
5. Within thirty (30) days of entry of this Stipulated Final Judgment, BAL HARBOUR shall issue a check in the amount of FOUR THOUSAND NINE HUNDRED AND 00/100 DOLLARS ($4,900.00) payable to GrayRobinson, P.A. Trust Account and delivering payment to Bradley S. Gould, Esq., GrayRobinson, P.A., Wells Fargo Building, 333 Southeast 2nd Avenue, Suite 3200, Miami, Florida, 33131, representing full and final compensation for all attorney’s fees, court costs, and expert witness fees. Such payment shall be made without need of further Court order, and no other parties shall be entitled to any additional compensation from Petitioner for the taking at issue in this action. 6. That title to Parcel SS-016-03, as described in the Order of Taking attached hereto as Exhibit “1,” which vested in Petitioner pursuant to Order of Taking hearing entered herein and deposit of money thereafter made by BAL HARBOUR, is hereby approved, ratified and confirmed. 7. This Agreement is based on BAL HARBOUR utilizing Parcel SS-016-03 pursuant to its project plan sheet attached hereto as Exhibit “2” as said plan relates to Parcel SS016-03 and BAL HARBOUR having constructed its project in substantial conformance with said plan. 8. This Stipulated Final Judgment will be entered at a hearing, with notice to all parties on the attached service list. Any party asserting an apportionment claim to the award set forth in Paragraph 4, above shall have ten (10) days from entry of this Order to provide written notice to Defendants of their intention of asserting said claim otherwise the apportionment claim is waived.
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CASE NO.: 2016-7964 CA 01
9. That the Court retains jurisdiction to enforce the provisions of this Judgment and to award attorney’s fees and costs for apportionment and supplemental proceedings, if any. 10. Forthwith and without further Order of the Court, the Clerk shall disburse the good faith estimate of value in the sum of $100 to GrayRobinson, P.A. Trust Account and by delivering the same to Bradley S. Gould, Esquire, GrayRobinson, P.A., Wells Fargo Building, 333 S.E. 2nd Avenue, Suite 3200, Miami, FL 33131. DONE AND ORDERED in Chambers, Miami-Dade County, Florida, this _____ day of________________, 2019. _______________________________________ THE HONORABLE BARBARA ARECES Conformed copies to: All counsel and parties of record
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CASE NO.: 2016-7964 CA 01 SERVICE LIST Village of Bal Harbour v. Falic, et al Case No. 2016-7964 (Counsel for Petitioner Village of Bal Harbour)
(Counsel for Respondents, Simon and Jana Falic)
Peter D. Waldman Weiss Serota Helfman Cole & Bierman, P.L. 200 East Broward Blvd., Suite 1900 Fort Lauderdale, FL 33301 Telephone: 954-763-4242 Facsimile: 954-764-7770 Primary Email: [email protected] Secondary Email: [email protected]
Bradley S. Gould Gray Robinson, P.A. 333 S.E. 2nd Avenue Suite 3200 Miami, FL 33131 Telephone: 305 416-6880 Facsimile: 305 416-6887 Primary Email: [email protected] Secondary Email: [email protected]
(Counsel for Respondent JP Morgan Chase Bank)
(Counsel for Respondent Miami-Dade County)
Aaron Hines Phelan Hallinan Diamond & Jones, PLLC 2727 West Cypress Creek Road Fort Lauderdale, FL 33309 Telephone: 954-462-7000 Facsimile: 954-462-7001 Primary Email: [email protected]
Debra Herman Assistant County Attorney ABIGAIL PRICE-WILLIAMS Miami-Dade County Attorney Stephen P. Clark Center 111 N.W. First Street, #2810 Miami, Florida 33128 F.B. #818658 Phone: (305) 375-5151 Fax: (305) 375-5634 E-mail: [email protected] [email protected]
CASE NO.: 2016-7964 CA 01
JOINT MOTION FOR ENTRY OF STIPULATED FINAL JUDGMENT COME NOW the parties to this action, by and through the undersigned and respectfully move this Honorable Court for entry of the foregoing Stipulated Final Judgment this 28th day of February, 2019. Peter D. Waldman Weiss Serota Helfman Cole & Bierman, P.L. 200 East Broward Blvd., Suite 1900 Fort Lauderdale, FL 33301 Telephone: 954-763-4242 Facsimile: 954-764-7770 Email: [email protected] (primary) [email protected] (secondary)
GRAYROBINSON, P.A. 333 S.E. 2nd Avenue, Suite 3200 Miami, Florida 33131 Telephone: (305) 416-6880 Facsimile: (305) 416-6887 Email: [email protected] [email protected] Attorney for Respondents, Simon Falic and Jana Falic
Counsel for Petitioner Village of Bal Harbour By:__/s/ Peter D. Waldman_______
By: /s/ Bradley S. Gould Bradley S. Gould Florida Bar No. 966150
Date:____2/28/19_____________
Date: February 28, 2019
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Exhibit "1"
Exhibit "2"
THIS matter came before the Court upon stipulation and joint motion of Petitioner, VILLAGE OF BAL HARBOUR (“BAL HARBOUR”), and Respondents, SIMON FALIC and JANA FALIC (“FALICS”), for entry of final judgment awarding compensation, damages, attorney’s fees, court costs, and expert witness fees to the FALIC’s. The Court being fully advised in the premises, it is, ORDERED AND ADJUDGED: 1. The Court has jurisdiction over the subject matter and parties to this cause, including all persons and entities claiming any equity, lien, title, or other interest in or to Parcel SS-016-03, which is described in the Order of Taking entered on May 31, 2016, and attached to this Stipulated Final Judgment as Exhibit “1”.
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CASE NO.: 2016-7964 CA 01
2. BAL HARBOUR has complied with Sections 73.031 and 74.041, Florida Statutes, and has properly served the FALICS, an all other persons and entities claiming any equity, lien, title, or other interests in or to Parcel SS-016-03 with a Summons, a Petition in Eminent Domain, Notice of Lis Pendens, and a Declaration of Taking and Estimate of Value, the original of which have been filed by BAL HARBOUR with the Clerk of Court. The pleadings in this cause are sufficient and BAL HARBOUR has properly exercised its delegated authority for a proper purpose. The Declaration of Taking and Estimate of Value filed in this cause was made in good faith and based upon a valid appraisal, and the Order of Taking was entered after delivery of proper notice to all persons and entities (including the FALICS) claiming any equity, lien, title, or other interest in Parcel SS-016-03 with a sufficient opportunity to be heard. Accordingly, BAL HARBOUR’s title to Parcel SS-16-03 pursuant to the Order of Taking is ratified. 3. The parties stipulate and agree that the FALICS, shall have and recover of and from BAL HARBOUR the sum of FIVE THOUSAND 00/100 DOLLARS ($5,000.00) as full compensation for the taking of Parcel SS-016-03, inclusive of all claims for land, and severance damages, attorney’s fees, expert witness fees, and court costs. 4. That amount of the settlement set forth in Paragraph 3 above that represents compensation for the value of the land and severance damages, if any, for the taking of Parcel SS-016-03 is ONE HUNDRED DOLLARS ($100.00). This amount is subject to the apportionment claims of any party with an interest in Parcel SS-016-03 and the property, from which it was acquired. This amount represents the full and final compensation, inclusive of claims for land and severance damages for the taking of Parcel SS-016-03.
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CASE NO.: 2016-7964 CA 01
5. Within thirty (30) days of entry of this Stipulated Final Judgment, BAL HARBOUR shall issue a check in the amount of FOUR THOUSAND NINE HUNDRED AND 00/100 DOLLARS ($4,900.00) payable to GrayRobinson, P.A. Trust Account and delivering payment to Bradley S. Gould, Esq., GrayRobinson, P.A., Wells Fargo Building, 333 Southeast 2nd Avenue, Suite 3200, Miami, Florida, 33131, representing full and final compensation for all attorney’s fees, court costs, and expert witness fees. Such payment shall be made without need of further Court order, and no other parties shall be entitled to any additional compensation from Petitioner for the taking at issue in this action. 6. That title to Parcel SS-016-03, as described in the Order of Taking attached hereto as Exhibit “1,” which vested in Petitioner pursuant to Order of Taking hearing entered herein and deposit of money thereafter made by BAL HARBOUR, is hereby approved, ratified and confirmed. 7. This Agreement is based on BAL HARBOUR utilizing Parcel SS-016-03 pursuant to its project plan sheet attached hereto as Exhibit “2” as said plan relates to Parcel SS016-03 and BAL HARBOUR having constructed its project in substantial conformance with said plan. 8. This Stipulated Final Judgment will be entered at a hearing, with notice to all parties on the attached service list. Any party asserting an apportionment claim to the award set forth in Paragraph 4, above shall have ten (10) days from entry of this Order to provide written notice to Defendants of their intention of asserting said claim otherwise the apportionment claim is waived.
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CASE NO.: 2016-7964 CA 01
9. That the Court retains jurisdiction to enforce the provisions of this Judgment and to award attorney’s fees and costs for apportionment and supplemental proceedings, if any. 10. Forthwith and without further Order of the Court, the Clerk shall disburse the good faith estimate of value in the sum of $100 to GrayRobinson, P.A. Trust Account and by delivering the same to Bradley S. Gould, Esquire, GrayRobinson, P.A., Wells Fargo Building, 333 S.E. 2nd Avenue, Suite 3200, Miami, FL 33131. DONE AND ORDERED in Chambers, Miami-Dade County, Florida, this _____ day of________________, 2019. _______________________________________ THE HONORABLE BARBARA ARECES Conformed copies to: All counsel and parties of record
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CASE NO.: 2016-7964 CA 01 SERVICE LIST Village of Bal Harbour v. Falic, et al Case No. 2016-7964 (Counsel for Petitioner Village of Bal Harbour)
(Counsel for Respondents, Simon and Jana Falic)
Peter D. Waldman Weiss Serota Helfman Cole & Bierman, P.L. 200 East Broward Blvd., Suite 1900 Fort Lauderdale, FL 33301 Telephone: 954-763-4242 Facsimile: 954-764-7770 Primary Email: [email protected] Secondary Email: [email protected]
Bradley S. Gould Gray Robinson, P.A. 333 S.E. 2nd Avenue Suite 3200 Miami, FL 33131 Telephone: 305 416-6880 Facsimile: 305 416-6887 Primary Email: [email protected] Secondary Email: [email protected]
(Counsel for Respondent JP Morgan Chase Bank)
(Counsel for Respondent Miami-Dade County)
Aaron Hines Phelan Hallinan Diamond & Jones, PLLC 2727 West Cypress Creek Road Fort Lauderdale, FL 33309 Telephone: 954-462-7000 Facsimile: 954-462-7001 Primary Email: [email protected]
Debra Herman Assistant County Attorney ABIGAIL PRICE-WILLIAMS Miami-Dade County Attorney Stephen P. Clark Center 111 N.W. First Street, #2810 Miami, Florida 33128 F.B. #818658 Phone: (305) 375-5151 Fax: (305) 375-5634 E-mail: [email protected] [email protected]
CASE NO.: 2016-7964 CA 01
JOINT MOTION FOR ENTRY OF STIPULATED FINAL JUDGMENT COME NOW the parties to this action, by and through the undersigned and respectfully move this Honorable Court for entry of the foregoing Stipulated Final Judgment this 28th day of February, 2019. Peter D. Waldman Weiss Serota Helfman Cole & Bierman, P.L. 200 East Broward Blvd., Suite 1900 Fort Lauderdale, FL 33301 Telephone: 954-763-4242 Facsimile: 954-764-7770 Email: [email protected] (primary) [email protected] (secondary)
GRAYROBINSON, P.A. 333 S.E. 2nd Avenue, Suite 3200 Miami, Florida 33131 Telephone: (305) 416-6880 Facsimile: (305) 416-6887 Email: [email protected] [email protected] Attorney for Respondents, Simon Falic and Jana Falic
Counsel for Petitioner Village of Bal Harbour By:__/s/ Peter D. Waldman_______
By: /s/ Bradley S. Gould Bradley S. Gould Florida Bar No. 966150
Date:____2/28/19_____________
Date: February 28, 2019
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Exhibit "1"
Exhibit "2"
