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Filing # 112790476 E-Filed 09/02/2020 02:41:30 PM
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. 18-12371 CA 01
RAUL MEJIA and VIRGINIA LOPEZ,
Plaintiffs,
vs.
PEDRO J. GARCIA, as Property Appraiser of
Miami-Dade County, Florida; LEON M.
BIEGALSKI, as Executive Director of Florida
Department of Revenue; and MARCUS SAIZ
DE LA MORA, as Tax Collector of Miami-
Dade County, Florida,
Defendants.
______________________________________/
DEFENDANT PROPERTY APPRAISER’S
FIRST SET OF INTERROGATORIES TO PLAINTIFFS
Defendant PEDRO J. GARCIA, as Property Appraiser of Miami-Dade County, Florida
(the “Property Appraiser”), by and through undersigned counsel, pursuant to Florida Rule of Civil
Procedure 1.340, propounds to Plaintiffs/Taxpayers RAUL MEJIA and VIRGINIA LOPEZ the
attached interrogatories consisting of twenty-six (26) questions, to be answered by said Plaintiffs
under oath within thirty (30) days in accordance with the requirements of the Florida Rule of Civil
Procedure 1.340.
Case No. 18-12371 CA 01
Respectfully submitted,
ABIGAIL PRICE-WILLIAMS
Miami-Dade County Attorney
Stephen P. Clark Center
111 N.W. 1st Street, Suite 2810
Miami, Florida 33128
By: s/ Michael J. Mastrucci
Michael J. Mastrucci
Assistant County Attorney
Florida Bar No. 86130
Telephone: (305) 375-5151
Facsimile: (305) 375-5634
Email: mastrucc@miamidade.gov
Wilma.Morillo@miamidade.gov
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served this 2nd
day of September, 2020 via E-Mail generated by the Florida Courts E-Filing Portal to: Andre A.
Gibson, Esq., 45 NE 67th Street, North Miami Beach, FL 33162, AAGibson@Gibsontaxlaw.com,
Efile@Gibsontaxlaw.com.
s/ Michael J. Mastrucci
Assistant County Attorney
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Case No. 18-12371 CA 01
DEFINITIONS AND INSTRUCTIONS
As used herein:
A. “Date” shall mean the exact day, month and year, if ascertainable, or, if not, the
best approximation (including relationship to other events).
B. “Description” or “describe” when referring to a document as hereinafter defined,
shall mean that the Taxpayers shall set forth the author or originator, addressee(s), date, title and
subject matter, and the present custodian of the original thereof, or if unknown, the present
custodian of any such copy thereof and the last known address of each such custodian. If a copy
of such document is attached to the interrogatories or made available to the Property Appraiser for
copying, pursuant to a request or notice to produce documents, a reference to such document by
an exhibit number or similar description shall be sufficient description.
C. “Document” shall mean any written, printed, typed or other graphic matter of any
kind or nature, and all mechanical and electronic sound recordings or transcripts thereof, including
photographs, in the possession, custody or control of the Taxpayers, its servants, officers,
employees, agents or its counsel (exclusive of work product of counsel) or known by the Taxpayer
to exist. It shall also mean all copies of documents by whatever means made.
D. “Identification” or “identify” when referring to an individual, a corporation or other
entity, shall mean that the Taxpayers shall set forth the name, present or last known address,
telephone number, and if a corporation or other entity, its principal place of business, or, if an
individual, his or her title or titles and by whom employed. Once an individual, corporation or
other entity has been thus identified in an answer to an interrogatory, it shall be sufficient thereafter
when identifying that individual, corporation or other entity to state merely his, her or its name.
E. “Person” shall mean an individual, corporation, proprietorship, partnership, trust,
association or any other entity.
F. “Pleadings” shall mean the complaint, answer, counterclaim, cross-claim, third
party complaint, and affirmative defenses, as defined in Fla. R. Civ. P. 1.100.
G. “Subject Property” shall mean the real property described in the Complaint located
at 201 178 Drive, Unit 531, Miami, FL 33160, and more specifically identified by Folio No. 31-
2211-039-1220.
H. “Taxpayers” shall mean Plaintiffs RAUL MEJIA and VIRGINIA LOPEZ, and
further includes any predecessors and/or successors in interest, attorneys, agents, representatives,
and all other persons acting or purporting to act on behalf of the above-named individuals.
I. “You” or “your” shall mean the Taxpayers, or any of its officers, servants, officials,
agents, representatives or employees, as the context so dictates. When “you” or “your” is used in
an interrogatory, please identify the person performing the task, doing the act, or preparing the
instrument by name and residence address.
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Case No. 18-12371 CA 01
INTERROGATORIES
1. Please state the name, title, address and telephone number of each person who assisted in
the preparation of the responses to these Interrogatories, including the person signing same.
2. Please describe the nature of the relationship between RAUL MEJIA and VIRGINIA
LOPEZ, including but not limited to, how long they have known one another and whether
they are related by blood or otherwise.
3. Please state with specificity the factual basis for your belief that the Subject Property is
entitled to a Homestead Exemption for tax years 2014 through 2016.
4. Please state with specificity the factual basis for your belief that the Subject Property is
entitled to a Senior Exemption under section 196.075, Florida Statutes, for tax years 2014
through 2016.
5. Please state with specificity the factual basis for your belief that the Subject Property is
entitled to a Transfer of Homestead Assessment Difference (a/k/a “Portability”) for tax
years 2014 through 2016.
6. Please list and describe with specificity any and all documents you believe support your
entitlement to a Homestead Exemption on the Subject Property for tax years 2014 through
2016.
7. Please list and describe with specificity any and all documents you believe support your
entitlement to a Senior Exemption under section 196.075, Florida Statutes, on the Subject
Property for tax years 2014 through 2016.
8. Please list and describe with specificity any and all documents you believe support your
entitlement to a Transfer of Homestead Assessment Difference (a/k/a “Portability”) on the
Subject Property for tax years 2014 through 2016.
9. Please list all addresses of any real property at which Taxpayers resided during tax years
2011 through 2016. For each such residence, please state the beginning and ending dates
of such residency, and any other persons, besides Taxpayers, including relatives and
children, who resided with them at each location during those years and the dates of same.
10. Please listthe names, business addresses, telephone numbers, and dates of employment
regarding all employers, including self-employment, for whom you have worked since
January 1, 2011.
11. Please list all of Taxpayers’ checking, money market, savings, credit union, and any other
such financial accounts, including any closed financial accounts, in which Taxpayers had
any legal or equitable interest during tax years 2011 through 2016, regardless of whether
the interest is or was held in their names individually, in their names with another person,
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Case No. 18-12371 CA 01
or in any other name, and state the address at which each such account was registered
during those years.
12. Please list all retirement accounts/plans, including but not limited to defined benefit plans,
401k, 403B, IRA accounts, pension plans, Florida Retirement System (FRS) plans, Federal
Government plans, money purchase plans, HR10 (Keogh) plans, profit sharing plans,
annuities, employee savings plans, etc., in which Taxpayers had any legal or equitable
interest during tax years 2011 through 2016. For each account/plan, please state the name
of the account/plan, the address at which it was registered, and any beneficiary(ies) and/or
alternate payee(s).
13. Please state the names, addresses, and telephone numbers of Taxpayers’ accountant(s),
bookkeeper(s), and any other persons who possessed Taxpayers’ financial records during
tax years 2011 through 2016, and state which records each such person possessed during
those years.
14. Please state the street address, if any, and if not, the legal description of all real property in
which Taxpayers possessed a legal or equitable ownership interest during tax years 2011
through 2016. For each property, please state the names and addresses of any other persons
or entities holding any legal or equitable interest during those years and their respective
percentage of interest.
15. Please list any motor vehicles registered in Taxpayers’ names during tax years 2011
through 2016 and the address at which each was registered for those years.
16. Please identify any and all persons who had a legal and/or equitable ownership interest in
the Subject Property during tax years 2011 through 2016 and describe the nature and
duration of said interest.
17. Did Taxpayers enter into any residential lease or rental agreement—whether written or
verbal—regarding the Subject Property at any point during tax years 2011 through 2016?
If so, please provide specific details about said agreement(s), including but not limited to
the date the agreement was entered into, the terms of the agreement, the parties to the
agreement, the name and address of any tenants under the agreement, rent payments and
charges under the agreement, deposits, advance rent and late charges under the agreement,
the name and address of any agents used pursuant to the agreement, and utilities or utility
services provided under the agreement.
18. Did Taxpayers list the Subject Property for lease, rent or sale on any listing service,
including MLS, at any point during tax years 2011 through 2016? If so, please provide
specific details about said listing(s), including but not limited to the date of said listing(s),
the asking price(s) for rent or sale, the listing service used (e.g. MLS), and the listing
identification number(s).
19. Please list the names and titles of anyone at the Office of the Property Appraiser with whom
you communicated, either verbally or in writing, regarding entitlement to a Homestead
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Case No. 18-12371 CA 01
Exemption on the Subject Property for tax years 2011 through 2016, and identify the dates
and subject matter of each of said communications.
20. Please list the names and titles of anyone at the Office of the Property Appraiser with whom
you communicated, either verbally or in writing, regarding entitlement to a Senior
Exemption on the Subject Property under section 196.075, Florida Statutes, for tax years
2011 through 2016, and identify the dates and subject matter of each of said
communications.
21. Please list the names and titles of anyone at the Office of the Property Appraiser with whom
you communicated, either verbally or in writing, regarding entitlement to a Transfer of
Homestead Assessment Difference (a/k/a “Portability”) on the Subject Property for tax
years 2011 through 2016, and identify the dates and subject matter of each of said
communications.
22. Did you file with the Office of the Property Appraiser an application for Homestead
Exemption on the Subject Property for any of tax years 2013, 2014, 2015 or 2016? If so,
please provide the date(s) of said application(s), and please list the names and titles of
anyone at the Office of the Property Appraiser with whom you communicated, either
verbally or in writing, regarding said application(s), and identify the date and subject matter
of each such communication.
23. Did you file with the Office of the Property Appraiser an application for Senior Exemption
on the Subject Property under section 196.075, Florida Statutes, for any of tax years 2013,
2014, 2015 or 2016? If so, please provide the date(s) of said application(s), and please list
the names and titles of anyone at the Office of the Property Appraiser with whom you
communicated, either verbally or in writing, regarding said application(s), and identify the
date and subject matter of each such communication.
24. Did you file with the Office of the Property Appraiser an application for Senior Exemption
on the Subject Property under section 196.075, Florida Statutes, for any of tax years 2013,
2014, 2015 or 2016? If so, please provide the date(s) of said application(s), and please list
the names and titles of anyone at the Office of the Property Appraiser with whom you
communicated, either verbally or in writing, regarding said application(s), and identify the
date and subject matter of each such communication
25. Please identify all persons who are known or believed by you to have knowledge or
information concerning any of the allegations contained in the pleadings and provide a
brief summary of the type of information held by the persons listed.
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Case No. 18-12371 CA 01
BY:__________________________
STATE OF FLORIDA )
) ss
COUNTY OF MIAMI-DADE )
Before me, the undersigned authority, personally appeared ________________________,
who swears and deposes that he/she has read the Answers to Interrogatories and that same are
true and correct to the best of his/her knowledge and belief.
Sworn to and subscribed before me at Miami, Dade County, Florida this _____ day of
________, 20__ by ____________________
___ Who is personally known to me
___ Who produced identification: ______________________
Type of identification
__________________________________________
Signature of Notary Public
State of Florida at Large
__________________________________________
Print, type or stamp name of notary public
My Commission Expires:
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Filing # 112790476 E-Filed 09/02/2020 02:41:30 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 18-12371 CA 01 RAUL MEJIA and VIRGINIA LOPEZ, Plaintiffs, vs. PEDRO J. GARCIA, as Property Appraiser of Miami-Dade County, Florida; LEON M. BIEGALSKI, as Executive Director of Florida Department of Revenue; and MARCUS SAIZ DE LA MORA, as Tax Collector of Miami- Dade County, Florida, Defendants. ______________________________________/ DEFENDANT PROPERTY APPRAISER’S FIRST SET OF INTERROGATORIES TO PLAINTIFFS Defendant PEDRO J. GARCIA, as Property Appraiser of Miami-Dade County, Florida (the “Property Appraiser”), by and through undersigned counsel, pursuant to Florida Rule of Civil Procedure 1.340, propounds to Plaintiffs/Taxpayers RAUL MEJIA and VIRGINIA LOPEZ the attached interrogatories consisting of twenty-six (26) questions, to be answered by said Plaintiffs under oath within thirty (30) days in accordance with the requirements of the Florida Rule of Civil Procedure 1.340. Case No. 18-12371 CA 01 Respectfully submitted, ABIGAIL PRICE-WILLIAMS Miami-Dade County Attorney Stephen P. Clark Center 111 N.W. 1st Street, Suite 2810 Miami, Florida 33128 By: s/ Michael J. Mastrucci Michael J. Mastrucci Assistant County Attorney Florida Bar No. 86130 Telephone: (305) 375-5151 Facsimile: (305) 375-5634 Email: mastrucc@miamidade.gov Wilma.Morillo@miamidade.gov CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served this 2nd day of September, 2020 via E-Mail generated by the Florida Courts E-Filing Portal to: Andre A. Gibson, Esq., 45 NE 67th Street, North Miami Beach, FL 33162, AAGibson@Gibsontaxlaw.com, Efile@Gibsontaxlaw.com. s/ Michael J. Mastrucci Assistant County Attorney 2 Case No. 18-12371 CA 01 DEFINITIONS AND INSTRUCTIONS As used herein: A. “Date” shall mean the exact day, month and year, if ascertainable, or, if not, the best approximation (including relationship to other events). B. “Description” or “describe” when referring to a document as hereinafter defined, shall mean that the Taxpayers shall set forth the author or originator, addressee(s), date, title and subject matter, and the present custodian of the original thereof, or if unknown, the present custodian of any such copy thereof and the last known address of each such custodian. If a copy of such document is attached to the interrogatories or made available to the Property Appraiser for copying, pursuant to a request or notice to produce documents, a reference to such document by an exhibit number or similar description shall be sufficient description. C. “Document” shall mean any written, printed, typed or other graphic matter of any kind or nature, and all mechanical and electronic sound recordings or transcripts thereof, including photographs, in the possession, custody or control of the Taxpayers, its servants, officers, employees, agents or its counsel (exclusive of work product of counsel) or known by the Taxpayer to exist. It shall also mean all copies of documents by whatever means made. D. “Identification” or “identify” when referring to an individual, a corporation or other entity, shall mean that the Taxpayers shall set forth the name, present or last known address, telephone number, and if a corporation or other entity, its principal place of business, or, if an individual, his or her title or titles and by whom employed. Once an individual, corporation or other entity has been thus identified in an answer to an interrogatory, it shall be sufficient thereafter when identifying that individual, corporation or other entity to state merely his, her or its name. E. “Person” shall mean an individual, corporation, proprietorship, partnership, trust, association or any other entity. F. “Pleadings” shall mean the complaint, answer, counterclaim, cross-claim, third party complaint, and affirmative defenses, as defined in Fla. R. Civ. P. 1.100. G. “Subject Property” shall mean the real property described in the Complaint located at 201 178 Drive, Unit 531, Miami, FL 33160, and more specifically identified by Folio No. 31- 2211-039-1220. H. “Taxpayers” shall mean Plaintiffs RAUL MEJIA and VIRGINIA LOPEZ, and further includes any predecessors and/or successors in interest, attorneys, agents, representatives, and all other persons acting or purporting to act on behalf of the above-named individuals. I. “You” or “your” shall mean the Taxpayers, or any of its officers, servants, officials, agents, representatives or employees, as the context so dictates. When “you” or “your” is used in an interrogatory, please identify the person performing the task, doing the act, or preparing the instrument by name and residence address. 3 Case No. 18-12371 CA 01 INTERROGATORIES 1. Please state the name, title, address and telephone number of each person who assisted in the preparation of the responses to these Interrogatories, including the person signing same. 2. Please describe the nature of the relationship between RAUL MEJIA and VIRGINIA LOPEZ, including but not limited to, how long they have known one another and whether they are related by blood or otherwise. 3. Please state with specificity the factual basis for your belief that the Subject Property is entitled to a Homestead Exemption for tax years 2014 through 2016. 4. Please state with specificity the factual basis for your belief that the Subject Property is entitled to a Senior Exemption under section 196.075, Florida Statutes, for tax years 2014 through 2016. 5. Please state with specificity the factual basis for your belief that the Subject Property is entitled to a Transfer of Homestead Assessment Difference (a/k/a “Portability”) for tax years 2014 through 2016. 6. Please list and describe with specificity any and all documents you believe support your entitlement to a Homestead Exemption on the Subject Property for tax years 2014 through 2016. 7. Please list and describe with specificity any and all documents you believe support your entitlement to a Senior Exemption under section 196.075, Florida Statutes, on the Subject Property for tax years 2014 through 2016. 8. Please list and describe with specificity any and all documents you believe support your entitlement to a Transfer of Homestead Assessment Difference (a/k/a “Portability”) on the Subject Property for tax years 2014 through 2016. 9. Please list all addresses of any real property at which Taxpayers resided during tax years 2011 through 2016. For each such residence, please state the beginning and ending dates of such residency, and any other persons, besides Taxpayers, including relatives and children, who resided with them at each location during those years and the dates of same. 10. Please listthe names, business addresses, telephone numbers, and dates of employment regarding all employers, including self-employment, for whom you have worked since January 1, 2011. 11. Please list all of Taxpayers’ checking, money market, savings, credit union, and any other such financial accounts, including any closed financial accounts, in which Taxpayers had any legal or equitable interest during tax years 2011 through 2016, regardless of whether the interest is or was held in their names individually, in their names with another person, 4 Case No. 18-12371 CA 01 or in any other name, and state the address at which each such account was registered during those years. 12. Please list all retirement accounts/plans, including but not limited to defined benefit plans, 401k, 403B, IRA accounts, pension plans, Florida Retirement System (FRS) plans, Federal Government plans, money purchase plans, HR10 (Keogh) plans, profit sharing plans, annuities, employee savings plans, etc., in which Taxpayers had any legal or equitable interest during tax years 2011 through 2016. For each account/plan, please state the name of the account/plan, the address at which it was registered, and any beneficiary(ies) and/or alternate payee(s). 13. Please state the names, addresses, and telephone numbers of Taxpayers’ accountant(s), bookkeeper(s), and any other persons who possessed Taxpayers’ financial records during tax years 2011 through 2016, and state which records each such person possessed during those years. 14. Please state the street address, if any, and if not, the legal description of all real property in which Taxpayers possessed a legal or equitable ownership interest during tax years 2011 through 2016. For each property, please state the names and addresses of any other persons or entities holding any legal or equitable interest during those years and their respective percentage of interest. 15. Please list any motor vehicles registered in Taxpayers’ names during tax years 2011 through 2016 and the address at which each was registered for those years. 16. Please identify any and all persons who had a legal and/or equitable ownership interest in the Subject Property during tax years 2011 through 2016 and describe the nature and duration of said interest. 17. Did Taxpayers enter into any residential lease or rental agreement—whether written or verbal—regarding the Subject Property at any point during tax years 2011 through 2016? If so, please provide specific details about said agreement(s), including but not limited to the date the agreement was entered into, the terms of the agreement, the parties to the agreement, the name and address of any tenants under the agreement, rent payments and charges under the agreement, deposits, advance rent and late charges under the agreement, the name and address of any agents used pursuant to the agreement, and utilities or utility services provided under the agreement. 18. Did Taxpayers list the Subject Property for lease, rent or sale on any listing service, including MLS, at any point during tax years 2011 through 2016? If so, please provide specific details about said listing(s), including but not limited to the date of said listing(s), the asking price(s) for rent or sale, the listing service used (e.g. MLS), and the listing identification number(s). 19. Please list the names and titles of anyone at the Office of the Property Appraiser with whom you communicated, either verbally or in writing, regarding entitlement to a Homestead 5 Case No. 18-12371 CA 01 Exemption on the Subject Property for tax years 2011 through 2016, and identify the dates and subject matter of each of said communications. 20. Please list the names and titles of anyone at the Office of the Property Appraiser with whom you communicated, either verbally or in writing, regarding entitlement to a Senior Exemption on the Subject Property under section 196.075, Florida Statutes, for tax years 2011 through 2016, and identify the dates and subject matter of each of said communications. 21. Please list the names and titles of anyone at the Office of the Property Appraiser with whom you communicated, either verbally or in writing, regarding entitlement to a Transfer of Homestead Assessment Difference (a/k/a “Portability”) on the Subject Property for tax years 2011 through 2016, and identify the dates and subject matter of each of said communications. 22. Did you file with the Office of the Property Appraiser an application for Homestead Exemption on the Subject Property for any of tax years 2013, 2014, 2015 or 2016? If so, please provide the date(s) of said application(s), and please list the names and titles of anyone at the Office of the Property Appraiser with whom you communicated, either verbally or in writing, regarding said application(s), and identify the date and subject matter of each such communication. 23. Did you file with the Office of the Property Appraiser an application for Senior Exemption on the Subject Property under section 196.075, Florida Statutes, for any of tax years 2013, 2014, 2015 or 2016? If so, please provide the date(s) of said application(s), and please list the names and titles of anyone at the Office of the Property Appraiser with whom you communicated, either verbally or in writing, regarding said application(s), and identify the date and subject matter of each such communication. 24. Did you file with the Office of the Property Appraiser an application for Senior Exemption on the Subject Property under section 196.075, Florida Statutes, for any of tax years 2013, 2014, 2015 or 2016? If so, please provide the date(s) of said application(s), and please list the names and titles of anyone at the Office of the Property Appraiser with whom you communicated, either verbally or in writing, regarding said application(s), and identify the date and subject matter of each such communication 25. Please identify all persons who are known or believed by you to have knowledge or information concerning any of the allegations contained in the pleadings and provide a brief summary of the type of information held by the persons listed. 6 Case No. 18-12371 CA 01 BY:__________________________ STATE OF FLORIDA ) ) ss COUNTY OF MIAMI-DADE ) Before me, the undersigned authority, personally appeared ________________________, who swears and deposes that he/she has read the Answers to Interrogatories and that same are true and correct to the best of his/her knowledge and belief. Sworn to and subscribed before me at Miami, Dade County, Florida this _____ day of ________, 20__ by ____________________ ___ Who is personally known to me ___ Who produced identification: ______________________ Type of identification __________________________________________ Signature of Notary Public State of Florida at Large __________________________________________ Print, type or stamp name of notary public My Commission Expires: 7