2004-CA-309 Code Enforcement Case Status Letter - 10/05/2020
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PALM BEACH GARDENS • BOCA RATON
October 5, 2020
VIA EMAIL: mclose@cityofokeechobee.com
City of Okeechobee
Attn.: Melissa Close
55 S.E. 3rd Avenue
Okeechobee, Florida 34974
re: Status of Code Enforcement Matters
Applicable Case Numbers Set Forth Below
Dear Ms. Close,
This firm is proud to represent the City of Okeechobee (“City”). Pursuant to the City’s request, I
am providing an update on the various code enforcement matters that have been approved by the
City Council for foreclosure as well as those code enforcement matters which will be considered
by the City Council for foreclosure. The pending code enforcement matters are:
Pending in Circuit Court
1. City of Okeechobee v. Marvin W. Brantley; 19th Judicial Circuit Case Number 47 2004
CA 000309: We were successful in procuring an Order Finding Defendant in Contempt
of Court on September 21, 2020. The Court ordered Mr. Brantley to pay the City
$6,297.50 for the City’s attorney’s fees and $9,750.00 for the City’s fines. If Mr.
Brantley does not pay those funds within 45 days, we will engage in post-judgment
collections and request the Court to impose a lien on the property that can be
subsequently foreclosed on. This is a great win for the City!
2. City of Okeechobee v. Brenda Kemp et. al.; 19th Judicial Circuit Case Number 2019 CA
253: this is a foreclosure action resulting from the City’s municipal lien/order. After
receipt of the file from the City’s prior counsel, we determined that the Defendants had
not filed a responsive pleading to the Complaint and thus we intend to file a Motion for
Default Final Judgment. We have provided a copy of said Motion, together with the
R. GREGORY HYDEN
E-MAIL ADDRESS:
ghyden@nasonyeager.com
DIRECT DIAL:
(561) 471-3524
FAX NUMBER:
(561) 982-7116
City of Okeechobee
Attn.: Melissa Close
October 5, 2020
Page 2
applicable Affidavit of Attorney’s Fees and Affidavit of Default Amounts Due for staff’s
review and comment. Upon approval, it will be filed and set for hearing at the next
available time. We intend to expedite this matter.
3. City of Okeechobee v. Barbara Mills; 19th Judicial Circuit Case Number 47 2004 CA
000309: We are waiting for the City’s approval to proceed with this action. The City had
initiated a foreclosure case against the Defendant on July 14, 2014. That matter remains
pending. Prior Counsel did not advise why the case has not been prosecuted for the last
few years. However, upon approval from the City, we will proceed in the pending case.
It is likely that the Complaint will need to be amended but the matter can be expedited
thereafter.
4. City of Okeechobee v. Crystal I, LLC; 19th Judicial Circuit Case Number 2017 CA 218:
We are waiting for the City’s approval to proceed with this matter. The City had initiated
a foreclosure case against the Defendant on September 15, 2017. That matter remains
pending. Prior Counsel did not advise why the case has not been prosecuted for the last
few years. Upon approval, we can proceed in the pending case. It is likely that the
Complaint will need to be amended but the matter can be expedited thereafter.
Waiting for City’s approval to file complaint
5. City of Okeechobee v. Gloria Rodriguez et al.; 19th Judicial Circuit Case Number not yet
assigned: this action will be a foreclosure of the City’s municipal lien/order. We have
drafted the Complaint and have sent it to staff for review and comment. Upon approval,
it will be filed and service of process will be expedited. If, twenty days after service of
process, the Defendants do not file a responsive pleading, we will seek a Default Final
Judgment against them.
6. City of Okeechobee v. Teresa Cappetta et al.; 19th Judicial Circuit Case Number not yet
assigned: this action will be a foreclosure of the City’s municipal lien/order. We have
drafted the Complaint for Foreclosure and have sent it to staff for review and comment.
Upon approval it will be filed and the matter will be expedited. If, twenty days after
service of process, the Defendants do not file a responsive pleading, we will seek a
Default Final Judgment against them.
7. City of Okeechobee v. Okeechobee Park Street, LLC (Walgreens); Code Enforcement
Case Number 17-040: We have worked with City staff to draft a letter to the property
owner advising it that if the current accruing liens are not paid, a foreclosure action will
be initiated.
8. City of Okeechobee v. South Florida BBQ; 19th Judicial Circuit Case Number not yet
assigned: the 90-day letter was sent to the property owner on February 27, 2020. We are
City of Okeechobee
Attn.: Melissa Close
October 5, 2020
Page 3
waiting for the City’s approval to proceed with foreclosure.
9. City of Okeechobee v. Fortex Holdings, LLC; 19th Judicial Circuit Case Number not yet
assigned: the 90-day letter was sent to the property owner on March 2, 2020. We are
waiting for the City’s approval to proceed with foreclosure.
Should you have any questions about the foregoing, please do not hesitate to contact me. Thank
you for your time and consideration in this matter.
Many Thanks,
NASON, YEAGER, GERSON, HARRIS
& FUMERO, P.A.
R. Gregory Hyden
R. Gregory Hyden