Preview
Filing # 118665082 E-Filed 12/23/2020 09:49:36 AM
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
1560-1568 DREXEL AVENUE, LLC,
Case No.: 2020-027301-CA-01
Appellant,
L.T. Case No.: 2020-001895-CC-24
VS.
JOHANN C. DALTON, a/k/a
YOHAN/JOHANNDALTON,
Appellee.
i
APPENDIX TO
PETITION FOR WRIT OF MANDAMUS
Alan Bryce Grossman,,Esq.
Grossman Law Florida, LLC
Florida Bar No. 782084
20900 N.E. 30th Avenue
88 Floor
Tel.: 786-406-9763
Primary Email: alan@abgrossman.com
Secondary Email:
DATE DOCUMENT PAGE
December 16,2020 Motion for Default Judgment of Possession 001-007
December 22,2020 Affidavit of Raz Ofer 008-015
June 26,2020 Complaint 016-040
August 14, 2020 Answer, Affirmative Defenses, Counterclaim, 041-062
Motion to Dismiss, and Motion to Determine Rent
August 22,2020 Order Granting Motion to Determine Rent 063-066
September 4,2020 Temporary Halt in ResidentialEvictions to Prevent 067-078
the Further Spread of COVID-19
October 5,2020 Motion to Invoke Centers for Disease Control 079-106
(CDC) Order
October 22,2020 Motion to Require Payment of Rent to Registry 107-125
November 30,2020 Transcript of Hearing November 30,2020 126-266
November 30,2020 Order After Hearing on November 30,2020 267-268
N/A Clerk's Docket 269-276
N/A [Proposed] Default Judgment for Removal 277
December 16,2020 Email to Judicial Assistant 278
December 20,2020 Email from Judicial Assistant 279
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on December 23,2020, a true and correct copy o f the
foregoing was served
Grossman Law Florida, LLC
20900 N.E. 30th Avenue, 8th Floor
Aventura, FL 33180
Tel.: 786-406-1763
Primary Email: alan@abgrossman.com
Secondary Email:
By: /s/ Alan Bryce Grossman
Alan Bryce Grossman
Florida Bar Number 782084
CERTIFICATE OF TYPEFACE COMPLIANCE
I further certify that this brief is typed in Times New Roman 14-point font in
compliance with Florida Rule of Appellate Procedure 9.210(a)(2).
/s/Alan Bryce Grossman
Attorney for Appellant
IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA
1560-1568 DREXEL AVE LLC,
CASE NO.: 2020-001895-CC-24
Plaintiff,
VS.
JOHANN C. DALTON, a/k/a
YOHAN/JOHANN DALTON,
Defendant.
i
PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT OF POSSESSION
Plaintiff, 1560-1568 DREXEL AVE LLC, by and through its undersigned attorney hereby
files its Motion for Default Judgment of Possession, and states:
1. By this Motion the Plaintiff requests that the Court enter Default Judgment for
Possession pursuant to Section 83.60(2), Florida Statutes, ("Possession Statute") as a result of the
failure of the Defendant to post the rent money due for December, 2020, as required by the
Possession Statute.
2. This is an action for possession ofthe residentialunit based on the termination of the
month-to-month tenancy. As alleged in the Plaintiff's Complaint, at Count III, the Plaintiff
terminated the month-to-month tenancy by notice of termination pursuant to Section 83.57(3),
Florida Statutes.
3. As alleged in the Complaint, the monthly rent due is in the amount of $1,500.00 per
month, and was due monthly on the P day of each month, including December 7,2020.
4. Pursuant to Section 83.58, Florida Statute, (the "Holdover Statute") the Plaintiff is
entitled to "recoverdouble the amount ofrent due on the dwelling unit, or any part thereof, for the
.,
period during which the tenant refuses to surrender possession." The Plaintiff has remained in
Page 1 of 4
001
possession of the subject dwelling unit.
5. The Possession Statute provides in relevant part, "In an action by the landlord for
possession of a dwelling unit, if the tenant interposes any defense other than payment, including,
but not limited to, the defense of a defective 3-day notice, the tenant shall pay into the registry of
the court the accrued rent as alleged in the complaint or as determined by the court and the rent
that accrues during the pendency of the proceeding, when due. The clerk shall notify the tenant
ofsuch requirement in the summons. Failure ofthe tenant to pay the rent into the registry ofthe
court or to filea motion to determine the amount ofrent to be paid into the registry within 5 days,
excluding Saturdays,Sundays, and legal holidays, after the date of service ofprocess constitutes an
absolute waiver of the tenant's defenses other than payment, and the landlord is entitled to an
immediate defaultjudgmentforremoval ofthetenant with a writ ofpossession to issue without
further notice or hearing thereon" (emphasis added).
6. The Court began the hearing on the Plaintiff's Motion to Require Payment of Rent
to Registry on November 30,2020. At that time, the Defendant agreed that the amount ofrent then
due to the Plaintiff is the total amount of $12,000.00. See Exhibit "A" hereto. This agreement as
to the total rent is based on the Defendant's acknowledgment that the monthly rent as due for the
parties' month-to-month tenancy was in the amount of $1,500.00, which is the amount stated on the
parties' expired Lease and the amount that had been paid by the Defendant.
7. Byapplicationofthe Defendant's stipulationthatthe monthlyrentdue was $1,500.00
and that application of the Holdover Statute, the amount of $3,000.00, was due to be paid by the
Defendant to the registryby direct application of the Possession Statute not later than December 7,
Page 2 of 4
002
2020.1
8. The Defendant did not pay any money to the registry.
9. Bythe failure ofthe Defendant to paythe holdover rent amount of $3,000.00 (or the
alternativerent amount of $1,500.00; see footnote 1) to the registry as required by the Possession
Statute and the Holdover Statute, and by the application of the Possession Statute, the Plaintiffis
entitled to the entry of immediate Default Judgment for Removal without notice or hearing.
10. The Plaintiffrequests that the Court immediatelyenter DefaultJudgment ofRemoval
in the form as attached hereto as Exhibit "B" to be followed by issuance o f the Writ o f Possession
in the form as attached hereto as Exhibit "C".
WHEREFORE, the undersigned counsel respectfully requests that this Court grant the relief
requested by this Motion, and immediatelyenter the Default Judgment for Removal and the Writ of
Possession.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on December 16,2020, a true and correct copy of the foregoing
was served by Florida's E-Portal upon Legal Services of Greater Miami, Inc., and to Community
Justice Project, Inc.
Grossman Law Florida, LLC
20900 N.E. 30th Avenue
8th Floor
Aventura, FL 33180
Tel.: 786-406-1763
Primary Email: alan@abgrossman.com
1
As an alternative argument, in the event that the Defendant contests that the amount of
holdover rent is due, for reasons that may include the argument that the Plaintiff's notice of
termination was not properly served on the Defendant, the Plaintiff would then contend that the
monthly rent amount of $1,500.00 was due to be paid by the Defendant on December 7,2020.
While the difference in the amount is relativelysubstantial, the fact that the Defendant paid
nothing for rent to the registry pursuant to the Possession statute renders the competing rent
amounts as may be due for December, 2020, as moot.
Page 3 of 4
003
Secondary Email:
By: /s/ Alan Bryce Grossman
Alan Bryce Grossman
Florida Bar Number 782084
Page 4 of 4
004
104
1 is excuse me Mr. Rowley agrees and I am not even
2 sure that would be necessary.
3 MR. ROWLEY: I mean from my
--
by my
4 calculation I think we are looking at rent
5 assuming there were no other problem this is a
6 normal tenancy. Looking at May through this was.
7 MR. GROSSMAN: No, you can't do it like that
8 though. Your Honor, you can't do it like that
9 because they weren t applied every month
10 directly. That's why the ledger is clear.
11 THE COURT: Okay. So as of all right.
12 MR. ROWLEY: I mean I think it would be
13 $12,000 without any issues or problems.
14 THE COURT: You guys are close. So you guys
15 are one is at $12,000 and one is at a $12,500.
16 MR. GROSSMAN: As of tomorrow, yes.
17 THE COURT: Oh. Well then.
18 MR. ROWLEY: That would include December.
19 Yeah, but.
20 THE COURT: Yes, I am not including December
21 in anything because we are at November 30th.
22 Correct. Okay so what between $12,000 and $12,500
23 we are extremely close. That's a lot better than
24 I thought.
25 MR. GROSSMAN: I mean we can
--
I think both
Exhibit "A" 005
IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA
1560-1568 DREXEL AVE LLC,
CASE NO.: 2020-001895-CC-24
Plaintiff,
VS.
JOHANN C. DALTON, a/k/a
YOHAN/JOHANN DALTON,
Defendant.
i
DEFAULT JUDGMENT FOR REMOVAL
THIS CAUSE came before the court on Plaintiff's Ex-Parte Motion for Default Judgment
for Removal, and the Court having reviewed the matter and finding that the Defendant failed to pay
anyrent to the registrywhen due as required by Section 83.60(b), the Plaintiffis entitled to a Default
Judgment for Removal herein, and the Court being otherwise fully advised in the premises, it is
ORDERED AND ADJUDGED that:
1. The Plaintiffis hereby grantedjudgment by default for removal of the Defendant,
YOHANN C. DALTON, a/k/a YOHAN/JOHANNDALTON, forpossessionofthepremisesin this
County described as 1568 Drexel Avenue, Unit #6, Miami Beach, Florida, and the clerk is directed
to issue a Writ of Possession to the Sheriff directing him to put the Plaintiff in possession of said
premises after 24 hours notice has been conspicuouslyposted on the premises.
2. The Court reservesjurisdiction to award fees and costs and for further proceedings.
ORDERED atMiamiBeach, Miami-DadeCounty, Florida, on
COUNTY COURT JUDGE
Copies to: Counsel and parties of record.
''
Exhibit "B
006
IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA
1560-1568 DREXEL AVE LLC,
CASE NO.: 2020-001895-CC-24
Plaintiff,
VS.
JOHANN C. DALTON, a/k/a
YOHAN/JOHANNDALTON,
Defendant.
i
WRIT OF POSSESSION
STATE OF FLORIDA
TO THE SHERIFF OF MIAMI-DADE COUNTY, FLORIDA:
YOU ARE COMMANDED to remove all persons from the following described property in
Miami-Dade County, Florida: 1568 Drexel Avenue, Unit #6, Miami Beach, Florida, and to put
1560-1568 DREXEL AVE LLC in possessionof it not less than 24 hours after conspicuous posting
on the premises.
DATED on
(SEAL) Clerk, County Court
By:
Deputy Clerk
Attorney for Plaintiff:
Alan Bryce Grossman, Esq.
Grossman Law Florida, LLC
20900 N.E. 30? Avenue
88 Floor
Aventura, FL 33180
Tel. 786-406-1763
Cell: 954-651-0615
Email:
11,
Exhibit "C'
007
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
1560-1568 DREXEL AVENUE, LLC,
Case No.: 2020-027301-CA-01
Petitioner,
L.T. Case No.: 2020-001895-CC-24
VS.
JOHANN C. DALTON, a/k/a
YOHAN/JOHANN DALTON,
Respondent.
i
AFFIDAVIT OF RAZ OFER
BEFORE ME, the undersignedauthority, personally appeared, RAZ OFER,
who being first duly sworn, deposes, and says:
1. I make this Affidavit based on actual and personal knowledge of the
facts stated herein, and all facts stated herein.
2. In January, 2021 it'11 be 9 months that Johann Dalton ("Dalton") hasn't
paid even a penny in rent.
3. 1560-1568 Drexel Avenue LLC ("Drexel") has undertaken substantial
loans and is in default on these loans. I purchased the 2 buildings in cash ($4M) in
2013 and then invested $5M in a gut renovation to 1560 Drexel Ave, so acted as a
Bank and loaned the money to the company and has a lien on the properties. See
Exhibit 1 hereto.
Page 1 of 3
008
4. Drexel owes real estate taxes for 2019 in the amount of $33,069.98,
and for 2020 in the amount of $37,508.80, for the total due of $70,578.28. See
Exhibit 2 hereto.
5. Drexel pays over $ 1,000.00 for water to the City of Miami Beach
6. Drexel has to pay for external lighting and hot water, around
$1,000.00.
7. Drexel has to pay for repairs & landscaping.
8. Drexel has to pay $320 a month for trash removal.
9. Dalton has been persuading other tenants not to pay the rent, which
he just did it with the tenant in apartment 5 who told me she won't pay the rent
anymore. The tenant in apartment 5 recently texted me saying that apartment 6
isn't paying rent for 9 months and she intends to do the same.
10. Unless Drexel immediatelyreceives the outstanding rent it's likely
that the property will be foreclosed. If this happens, the damage will be
irreparable.
[Remainder of this page intentionally left blank.]
Page 2 of 3
009
FURTHER AFFIANT SAYETH NAUGHT
li 11 0
IOR./Il,1++
Rldd#84
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
Signed and sworn to before me on this>224!ay of December, 2020, by RAZ
OFER, who is personally known-to-me, or who provided
as identification, who did/did not take an oath and
who, after being sworn, says that the foregoing is true and correct of her own
personal knowledge.
Notary Publiejtate of Florida
ALAN BRYCE GROSSMAN
,elta,?
4r..' '. 'O
Commission # HH 013135
MS
nmzf
EX.MYJE::.:U
Mmm-MMM
.
Page 3 of 3
010
CFN: 20200689175 BOOK 32217 PAGE 1567
DATE:12/01/2020 02:23:10 PM
HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY
Instrument Prepared By
And Recording Requested By:-
RB ER.L.LC.
iFIAMI-B7&Actfc7 ,i
33239
Space Above For Recorder's Use
CLAIM OF LIEN
WARNING! THIS LEGAL DOCUMENT REFLECTS THATA CONSTRUCTION LIEN
HAS BEEN PLACED ON THE REAL PROPERTY LISTED HEREIN. UNLESS THE
OWNER OF SUCH PROPERTYTAKES ACTION TO SHORTEN THE TIME PERIOD,
THIS LIEN MAY REMAIN VALID FOR ONE YEAR FROM THE DATE OF RECORDING,
AND SHALL EXPIREAND BECOME NULLAND VOID THEREAFTER UNLESS
LEGAL PROCEEDINGS HAVE BEEN COMMENCED TO FORECLOSE OR
DISCHARGE THIS LIEN.
Lienor (NameandAddress) Property Liened (Property)
Rqg.ER. .L.LrC State of Florida
i4554 FETAFNGFYGE County:
AGBFFZEAC.H,FL33439
A??
FL t;#29
Property OW,ler (Narne andAddress)
Legal De,gipti0[l:?
4560.568 NZBMED.ZDE, FLDA
Lle ''
TI?'e8UISUBD?Wlql??
1.5.61-D-RFZCEbAVE
TECPASJDQGJQB-NYH. FAITH.SFBE.
*4- .3alif*415*f>**
oT PA6E. .P-- 6:F.'-f- JlNC-
@ 2012 Express Lien, Inc. dba Zlien
EDSA,EKBTRJDREQS' C@UNTYIAZBRSGA
011
Exhibit 1
CFN: 20200689175 BOOK 32217 PAGE 1568
Hiring Party Name and Address of Date Services First Furnished:
person or entity to whom the Claimant
furnished labor, services, equipment
and/or materials:
MARCH ZPZD
Date Services Last Furnished:
1560 /4568 DREXEL,Lk #jtDatcjIfstie:
EL Date Preliminary Notice to Owner
EZDREXELANE#C Sent to Property Owner:
%#i4ifgtAZOFWZGSZ
Services The lien is claime'd for THE.
fL Date
D
Preliminary Notice to Owner
following labor, services, equipment or Sent io Prime Contractor:
materials:
LAPBFFBHZUKIS, AUGUSTZOZD
Date Preliminary Notice to Owner
-'Seht.ta Subcontractor:
R
P.E..iN950.7IS 1),-+7
Amount Due ariel Unpaid:
B
OAI I/IE/////
8,785, 000
Amount of Total Contract:
$
A.,7-FIO, ODD
Before? Notary Public, personally came and appeared
UNZL!2L- fjFERthe Lienor, or the attorney of the Lienor, whowas duly sworn
and says that the information on the first page of this Claim of Lien is accurate and true.
That in accordance with a contract with the Hiring Party, the Lienor Furnished the labor,
services, and/or materials above-identified as the Services, said Services were
furnished on the above-described Property.
The Property is owned by the Property Owner.
The total contract price between the Hiring Party and the Lienor is above-identified as
the Amount of Total Contract. Of this amount, the above-identified Amount of Total Claim
remains unpaid.
The Services were first furnished to the Property on the above-identified Dates Services
First Furnished, and last furnished to the Property on the above-identified Dates
Services Last Furnished.
@ 2012 Express Uen, Inc. dba Zlien
012
CFN: 20200689175 BOOK 32217 PAGE 1569
The Lienor delivered the required preliminary Notice to Owner on the above-indicated
dates to the above-indicated parties, if any.
Signed:
CDV , Lienor
Signed by: RAZIEL BFIR
Date: 11 / 20/71)
Sworn to (or affirmed) and subscribed before me, Notary Public, on
,by the Lienor.
.NY.M. VANESSATORRES
Co Account Summary
Real Estate Account REDACTED @
Owner:
1560 1568 DREXELAVENUE LLC
C/O THE BERNSTEIN LAW FIRM
Situs:
1568 DREXELAVE
Miami Beach 33139-7953
(D Parcel details
Get bills bv email
Amount due
BILL AMOUNTDUE
2020 Annual Bill
$33,069.48
Add to Cart
Prini-(PDF)
2019 Annual Bill
$37,508.80
Prini-(PDF)
[9 ADDW forthe 2021 installment Davment DIan
Account history
BILL AMOUNTDUE
Total Amount Due $70,578.28
014
Exhibit 2
BILL AMOUNTDUE
2020 Annual Bill (D $33,069.48
Prini-(PIlE)
2019 Q
2019 Annual Bill $37,508.80
Print (PDF)
Certificate #8763
2018 CD
2018 Annual Bill $0.00
Print-(PDF)
Certificate #8020
Paid $34,305.73
2017 Annual Bill ) $0.00
Print (PDF)
2016 Annual Bill ) $0.00
Prini-(PIlE)
2015 Q
2015 Annual Bill $0.00
Print (PDF)
Certificate #7520
Paid $25,451.90
2014 Q
2014 Annual Bill $0.00
Prini-(PIlE)
Certificate #8306
Paid $22,701.61
2013 AnnualBill (D $0.00
Prini-(PDF)
Total Amount Due $70,578.28
@ 2019-2020 Grant Street Group. All
rights reserved.
015
IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA
1560-1568 DREXEL AVE LLC,
CASE NO.: 2020-001895-CC-24
Plaintiff,
VS.
JOHANN C. DALTON, a/k/a
YOHAN/JOHANN DALTON,
Defendant.
i
COMPLAINT
Plaintiff, 1560-1568 DREXEL AVE LLC, by and through its undersigned attorney, hereby
sues the Defendant, JOHANN C. DALTON, who is also known as YOHAN/JOHANNDALTON,
and alleges:
1. This is an action to remove a tenant from possession of residential real property
located in Miami-Dade County, Florida, and for damages.
2. Jurisdiction is proper in this Court pursuant to Sections 26.012(2)(a) and 34.011,
Florida Statutes.
3. Venue is proper in this county as this action is with regard to real property located in
Miami-Dade County, Florida.
4. The Plaintiffis the owner and lessor ofthe premises located at 1568 Drexel Avenue,
Unit #6, Miami Beach, Florida ("Property").
5. From personal information, the Defendantis not in the military service ofthe United
States or any of its allies.
6. This action forpossessionis brought pursuant to the summaryproceedingsofFlorida
Statutes §51.011.
016
7. All conditions precedent to the institution ofthis action have been satisfied, waived,
or excused.
8. The Defendant has possession of the Property pursuant to that certain Residential
Lease for Apartment or Unit in Multi-family Rental Housing (Other than a Duplex) Including a
Mobile Home, Condominium, or Cooperative (For a Term Not to Exceed One Year), ("Lease") a
true and correct copy of which is filed separately as Exhibit "A".
9. Bythe natural terms ofthe Lease, the Defendant's tenancy ofthe Property terminated
on December 6, 2019, thereby converting the Defendant's tenancy of the Property to a monthly
tenancy pursuant to Section 83.04, Florida Statutes.
COUNT I -
REMOVAL OF TENANT FOR NON-PAYMENT
10. On May 29, 2020, the Plaintiff served the Defendant with the Three Day Notice to
Tenant ("Notice of Non-Payment"), thereby requiring the Defendant to pay the past due rent in the
amount of $2,000.00 or vacate the Property on or before June 2,2020. The Defendant, however,
has neither paid the past due rent nor vacated the Property and continues to remain in possession of
same. A true and correct copy of the served Notice ofNon-Payment is filed separately as Exhibit
D.
11. BytheNotice,thePlaintiffhasterminated theDefendant's tenancy, but theDefendant
continues in the possession of the Property.
12. As a result ofthe foregoing,the Plaintiffis entitled to possessionofthe Property, and
for the entry of a judgment of eviction pursuant to Chapter 83, Florida Statutes.
13. The Plaintiffhas retained the undersigned law firm to represent it in this action and
is obligated to pay the undersigned a reasonable attorney's fee. Furthermore, pursuant to Section
XXIII of the Lease and Section 83.48, Florida Statutes, the Defendant is obligated to pay the
017
Plaintiff's reasonable attorney's fees and costs incurred in this action.
WHEREFORE, the Plaintiff, 1560-1568 DREXEL AVE LLC, respectfully demands
judgment for possessionofthe Property against the Defendant, JOHANN C. DALTON, who is also
known as YOHAN/JOHANN DALTON, and for an award of attorney's fees and costs incurred
herein pursuant to Sections and 83.625, Florida Statutes, and such other and
further relief as this Court may deem just and proper.
COUNT II -
DAMAGES
14. Plaintiffreasserts and realleges paragraphs 1through 11, and 13, as if fully alleged
herein.
15. This is an action fordamages against the Defendantpursuantto Section 83.55, Florida
Statutes.
16. The Defendant was obligated to pay to the Plaintiffthe rent due in the amount of
ith
$1,500.00 per month, due on the 7 day of each month.
17. The Defendant owes the Plaintiffpast due rent in the total amount of $3,000.00 for
the period from May 7,2020, through July 6,2020, plus $1,500.00 for each monthly rental period
thereafter.
18. By the Defendant's tenancy terminating as set forth above, the Plaintiff is entitled to
holdover rent pursuant to Section 83.58, Florida Statutes, starting on June 7,2020, and each month
thereafter so long as the Defendant is in possession of the Property.
19. Pursuant to section 83.52(6), Florida Statutes, at all times during the Defendant's
tenancy ofthe Property,the Defendant was obligated to not destroy, deface, damage, or remove any
part ofthe Property or personal property therein belonging to the Plaintiffnor permit any person to
do so.
018
20. The Defendant damaged the personal property of the Plaintiff including without
limitation the queen-size bed, a coffee table, and broken shower glass.
21. The Plaintiffsuffer
Preview
Filing # 118665082 E-Filed 12/23/2020 09:49:36 AM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA 1560-1568 DREXEL AVENUE, LLC, Case No.: 2020-027301-CA-01 Appellant, L.T. Case No.: 2020-001895-CC-24 VS. JOHANN C. DALTON, a/k/a YOHAN/JOHANNDALTON, Appellee. i APPENDIX TO PETITION FOR WRIT OF MANDAMUS Alan Bryce Grossman,,Esq. Grossman Law Florida, LLC Florida Bar No. 782084 20900 N.E. 30th Avenue 88 Floor Tel.: 786-406-9763 Primary Email: alan@abgrossman.com Secondary Email: DATE DOCUMENT PAGE December 16,2020 Motion for Default Judgment of Possession 001-007 December 22,2020 Affidavit of Raz Ofer 008-015 June 26,2020 Complaint 016-040 August 14, 2020 Answer, Affirmative Defenses, Counterclaim, 041-062 Motion to Dismiss, and Motion to Determine Rent August 22,2020 Order Granting Motion to Determine Rent 063-066 September 4,2020 Temporary Halt in ResidentialEvictions to Prevent 067-078 the Further Spread of COVID-19 October 5,2020 Motion to Invoke Centers for Disease Control 079-106 (CDC) Order October 22,2020 Motion to Require Payment of Rent to Registry 107-125 November 30,2020 Transcript of Hearing November 30,2020 126-266 November 30,2020 Order After Hearing on November 30,2020 267-268 N/A Clerk's Docket 269-276 N/A [Proposed] Default Judgment for Removal 277 December 16,2020 Email to Judicial Assistant 278 December 20,2020 Email from Judicial Assistant 279 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on December 23,2020, a true and correct copy o f the foregoing was served Grossman Law Florida, LLC 20900 N.E. 30th Avenue, 8th Floor Aventura, FL 33180 Tel.: 786-406-1763 Primary Email: alan@abgrossman.com Secondary Email: By: /s/ Alan Bryce Grossman Alan Bryce Grossman Florida Bar Number 782084 CERTIFICATE OF TYPEFACE COMPLIANCE I further certify that this brief is typed in Times New Roman 14-point font in compliance with Florida Rule of Appellate Procedure 9.210(a)(2). /s/Alan Bryce Grossman Attorney for Appellant IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA 1560-1568 DREXEL AVE LLC, CASE NO.: 2020-001895-CC-24 Plaintiff, VS. JOHANN C. DALTON, a/k/a YOHAN/JOHANN DALTON, Defendant. i PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT OF POSSESSION Plaintiff, 1560-1568 DREXEL AVE LLC, by and through its undersigned attorney hereby files its Motion for Default Judgment of Possession, and states: 1. By this Motion the Plaintiff requests that the Court enter Default Judgment for Possession pursuant to Section 83.60(2), Florida Statutes, ("Possession Statute") as a result of the failure of the Defendant to post the rent money due for December, 2020, as required by the Possession Statute. 2. This is an action for possession ofthe residentialunit based on the termination of the month-to-month tenancy. As alleged in the Plaintiff's Complaint, at Count III, the Plaintiff terminated the month-to-month tenancy by notice of termination pursuant to Section 83.57(3), Florida Statutes. 3. As alleged in the Complaint, the monthly rent due is in the amount of $1,500.00 per month, and was due monthly on the P day of each month, including December 7,2020. 4. Pursuant to Section 83.58, Florida Statute, (the "Holdover Statute") the Plaintiff is entitled to "recoverdouble the amount ofrent due on the dwelling unit, or any part thereof, for the ., period during which the tenant refuses to surrender possession." The Plaintiff has remained in Page 1 of 4 001 possession of the subject dwelling unit. 5. The Possession Statute provides in relevant part, "In an action by the landlord for possession of a dwelling unit, if the tenant interposes any defense other than payment, including, but not limited to, the defense of a defective 3-day notice, the tenant shall pay into the registry of the court the accrued rent as alleged in the complaint or as determined by the court and the rent that accrues during the pendency of the proceeding, when due. The clerk shall notify the tenant ofsuch requirement in the summons. Failure ofthe tenant to pay the rent into the registry ofthe court or to filea motion to determine the amount ofrent to be paid into the registry within 5 days, excluding Saturdays,Sundays, and legal holidays, after the date of service ofprocess constitutes an absolute waiver of the tenant's defenses other than payment, and the landlord is entitled to an immediate defaultjudgmentforremoval ofthetenant with a writ ofpossession to issue without further notice or hearing thereon" (emphasis added). 6. The Court began the hearing on the Plaintiff's Motion to Require Payment of Rent to Registry on November 30,2020. At that time, the Defendant agreed that the amount ofrent then due to the Plaintiff is the total amount of $12,000.00. See Exhibit "A" hereto. This agreement as to the total rent is based on the Defendant's acknowledgment that the monthly rent as due for the parties' month-to-month tenancy was in the amount of $1,500.00, which is the amount stated on the parties' expired Lease and the amount that had been paid by the Defendant. 7. Byapplicationofthe Defendant's stipulationthatthe monthlyrentdue was $1,500.00 and that application of the Holdover Statute, the amount of $3,000.00, was due to be paid by the Defendant to the registryby direct application of the Possession Statute not later than December 7, Page 2 of 4 002 2020.1 8. The Defendant did not pay any money to the registry. 9. Bythe failure ofthe Defendant to paythe holdover rent amount of $3,000.00 (or the alternativerent amount of $1,500.00; see footnote 1) to the registry as required by the Possession Statute and the Holdover Statute, and by the application of the Possession Statute, the Plaintiffis entitled to the entry of immediate Default Judgment for Removal without notice or hearing. 10. The Plaintiffrequests that the Court immediatelyenter DefaultJudgment ofRemoval in the form as attached hereto as Exhibit "B" to be followed by issuance o f the Writ o f Possession in the form as attached hereto as Exhibit "C". WHEREFORE, the undersigned counsel respectfully requests that this Court grant the relief requested by this Motion, and immediatelyenter the Default Judgment for Removal and the Writ of Possession. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on December 16,2020, a true and correct copy of the foregoing was served by Florida's E-Portal upon Legal Services of Greater Miami, Inc., and to Community Justice Project, Inc. Grossman Law Florida, LLC 20900 N.E. 30th Avenue 8th Floor Aventura, FL 33180 Tel.: 786-406-1763 Primary Email: alan@abgrossman.com 1 As an alternative argument, in the event that the Defendant contests that the amount of holdover rent is due, for reasons that may include the argument that the Plaintiff's notice of termination was not properly served on the Defendant, the Plaintiff would then contend that the monthly rent amount of $1,500.00 was due to be paid by the Defendant on December 7,2020. While the difference in the amount is relativelysubstantial, the fact that the Defendant paid nothing for rent to the registry pursuant to the Possession statute renders the competing rent amounts as may be due for December, 2020, as moot. Page 3 of 4 003 Secondary Email: By: /s/ Alan Bryce Grossman Alan Bryce Grossman Florida Bar Number 782084 Page 4 of 4 004 104 1 is excuse me Mr. Rowley agrees and I am not even 2 sure that would be necessary. 3 MR. ROWLEY: I mean from my -- by my 4 calculation I think we are looking at rent 5 assuming there were no other problem this is a 6 normal tenancy. Looking at May through this was. 7 MR. GROSSMAN: No, you can't do it like that 8 though. Your Honor, you can't do it like that 9 because they weren t applied every month 10 directly. That's why the ledger is clear. 11 THE COURT: Okay. So as of all right. 12 MR. ROWLEY: I mean I think it would be 13 $12,000 without any issues or problems. 14 THE COURT: You guys are close. So you guys 15 are one is at $12,000 and one is at a $12,500. 16 MR. GROSSMAN: As of tomorrow, yes. 17 THE COURT: Oh. Well then. 18 MR. ROWLEY: That would include December. 19 Yeah, but. 20 THE COURT: Yes, I am not including December 21 in anything because we are at November 30th. 22 Correct. Okay so what between $12,000 and $12,500 23 we are extremely close. That's a lot better than 24 I thought. 25 MR. GROSSMAN: I mean we can -- I think both Exhibit "A" 005 IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA 1560-1568 DREXEL AVE LLC, CASE NO.: 2020-001895-CC-24 Plaintiff, VS. JOHANN C. DALTON, a/k/a YOHAN/JOHANN DALTON, Defendant. i DEFAULT JUDGMENT FOR REMOVAL THIS CAUSE came before the court on Plaintiff's Ex-Parte Motion for Default Judgment for Removal, and the Court having reviewed the matter and finding that the Defendant failed to pay anyrent to the registrywhen due as required by Section 83.60(b), the Plaintiffis entitled to a Default Judgment for Removal herein, and the Court being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that: 1. The Plaintiffis hereby grantedjudgment by default for removal of the Defendant, YOHANN C. DALTON, a/k/a YOHAN/JOHANNDALTON, forpossessionofthepremisesin this County described as 1568 Drexel Avenue, Unit #6, Miami Beach, Florida, and the clerk is directed to issue a Writ of Possession to the Sheriff directing him to put the Plaintiff in possession of said premises after 24 hours notice has been conspicuouslyposted on the premises. 2. The Court reservesjurisdiction to award fees and costs and for further proceedings. ORDERED atMiamiBeach, Miami-DadeCounty, Florida, on COUNTY COURT JUDGE Copies to: Counsel and parties of record. '' Exhibit "B 006 IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA 1560-1568 DREXEL AVE LLC, CASE NO.: 2020-001895-CC-24 Plaintiff, VS. JOHANN C. DALTON, a/k/a YOHAN/JOHANNDALTON, Defendant. i WRIT OF POSSESSION STATE OF FLORIDA TO THE SHERIFF OF MIAMI-DADE COUNTY, FLORIDA: YOU ARE COMMANDED to remove all persons from the following described property in Miami-Dade County, Florida: 1568 Drexel Avenue, Unit #6, Miami Beach, Florida, and to put 1560-1568 DREXEL AVE LLC in possessionof it not less than 24 hours after conspicuous posting on the premises. DATED on (SEAL) Clerk, County Court By: Deputy Clerk Attorney for Plaintiff: Alan Bryce Grossman, Esq. Grossman Law Florida, LLC 20900 N.E. 30? Avenue 88 Floor Aventura, FL 33180 Tel. 786-406-1763 Cell: 954-651-0615 Email: 11, Exhibit "C' 007 IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA 1560-1568 DREXEL AVENUE, LLC, Case No.: 2020-027301-CA-01 Petitioner, L.T. Case No.: 2020-001895-CC-24 VS. JOHANN C. DALTON, a/k/a YOHAN/JOHANN DALTON, Respondent. i AFFIDAVIT OF RAZ OFER BEFORE ME, the undersignedauthority, personally appeared, RAZ OFER, who being first duly sworn, deposes, and says: 1. I make this Affidavit based on actual and personal knowledge of the facts stated herein, and all facts stated herein. 2. In January, 2021 it'11 be 9 months that Johann Dalton ("Dalton") hasn't paid even a penny in rent. 3. 1560-1568 Drexel Avenue LLC ("Drexel") has undertaken substantial loans and is in default on these loans. I purchased the 2 buildings in cash ($4M) in 2013 and then invested $5M in a gut renovation to 1560 Drexel Ave, so acted as a Bank and loaned the money to the company and has a lien on the properties. See Exhibit 1 hereto. Page 1 of 3 008 4. Drexel owes real estate taxes for 2019 in the amount of $33,069.98, and for 2020 in the amount of $37,508.80, for the total due of $70,578.28. See Exhibit 2 hereto. 5. Drexel pays over $ 1,000.00 for water to the City of Miami Beach 6. Drexel has to pay for external lighting and hot water, around $1,000.00. 7. Drexel has to pay for repairs & landscaping. 8. Drexel has to pay $320 a month for trash removal. 9. Dalton has been persuading other tenants not to pay the rent, which he just did it with the tenant in apartment 5 who told me she won't pay the rent anymore. The tenant in apartment 5 recently texted me saying that apartment 6 isn't paying rent for 9 months and she intends to do the same. 10. Unless Drexel immediatelyreceives the outstanding rent it's likely that the property will be foreclosed. If this happens, the damage will be irreparable. [Remainder of this page intentionally left blank.] Page 2 of 3 009 FURTHER AFFIANT SAYETH NAUGHT li 11 0 IOR./Il,1++ Rldd#84 STATE OF FLORIDA COUNTY OF MIAMI-DADE ) Signed and sworn to before me on this>224!ay of December, 2020, by RAZ OFER, who is personally known-to-me, or who provided as identification, who did/did not take an oath and who, after being sworn, says that the foregoing is true and correct of her own personal knowledge. Notary Publiejtate of Florida ALAN BRYCE GROSSMAN ,elta,? 4r..' '. 'O Commission # HH 013135 MS nmzf EX.MYJE::.:U Mmm-MMM . Page 3 of 3 010 CFN: 20200689175 BOOK 32217 PAGE 1567 DATE:12/01/2020 02:23:10 PM HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY Instrument Prepared By And Recording Requested By:- RB ER.L.LC. iFIAMI-B7&Actfc7 ,i 33239 Space Above For Recorder's Use CLAIM OF LIEN WARNING! THIS LEGAL DOCUMENT REFLECTS THATA CONSTRUCTION LIEN HAS BEEN PLACED ON THE REAL PROPERTY LISTED HEREIN. UNLESS THE OWNER OF SUCH PROPERTYTAKES ACTION TO SHORTEN THE TIME PERIOD, THIS LIEN MAY REMAIN VALID FOR ONE YEAR FROM THE DATE OF RECORDING, AND SHALL EXPIREAND BECOME NULLAND VOID THEREAFTER UNLESS LEGAL PROCEEDINGS HAVE BEEN COMMENCED TO FORECLOSE OR DISCHARGE THIS LIEN. Lienor (NameandAddress) Property Liened (Property) Rqg.ER. .L.LrC State of Florida i4554 FETAFNGFYGE County: AGBFFZEAC.H,FL33439 A?? FL t;#29 Property OW,ler (Narne andAddress) Legal De,gipti0[l:? 4560.568 NZBMED.ZDE, FLDA Lle '' TI?'e8UISUBD?Wlql?? 1.5.61-D-RFZCEbAVE TECPASJDQGJQB-NYH. FAITH.SFBE. *4- .3alif*415*f>** oT PA6E. .P-- 6:F.'-f- JlNC- @ 2012 Express Lien, Inc. dba Zlien EDSA,EKBTRJDREQS' C@UNTYIAZBRSGA 011 Exhibit 1 CFN: 20200689175 BOOK 32217 PAGE 1568 Hiring Party Name and Address of Date Services First Furnished: person or entity to whom the Claimant furnished labor, services, equipment and/or materials: MARCH ZPZD Date Services Last Furnished: 1560 /4568 DREXEL,Lk #jtDatcjIfstie: EL Date Preliminary Notice to Owner EZDREXELANE#C Sent to Property Owner: %#i4ifgtAZOFWZGSZ Services The lien is claime'd for THE. fL Date D Preliminary Notice to Owner following labor, services, equipment or Sent io Prime Contractor: materials: LAPBFFBHZUKIS, AUGUSTZOZD Date Preliminary Notice to Owner -'Seht.ta Subcontractor: R P.E..iN950.7IS 1),-+7 Amount Due ariel Unpaid: B OAI I/IE///// 8,785, 000 Amount of Total Contract: $ A.,7-FIO, ODD Before? Notary Public, personally came and appeared UNZL!2L- fjFERthe Lienor, or the attorney of the Lienor, whowas duly sworn and says that the information on the first page of this Claim of Lien is accurate and true. That in accordance with a contract with the Hiring Party, the Lienor Furnished the labor, services, and/or materials above-identified as the Services, said Services were furnished on the above-described Property. The Property is owned by the Property Owner. The total contract price between the Hiring Party and the Lienor is above-identified as the Amount of Total Contract. Of this amount, the above-identified Amount of Total Claim remains unpaid. The Services were first furnished to the Property on the above-identified Dates Services First Furnished, and last furnished to the Property on the above-identified Dates Services Last Furnished. @ 2012 Express Uen, Inc. dba Zlien 012 CFN: 20200689175 BOOK 32217 PAGE 1569 The Lienor delivered the required preliminary Notice to Owner on the above-indicated dates to the above-indicated parties, if any. Signed: CDV , Lienor Signed by: RAZIEL BFIR Date: 11 / 20/71) Sworn to (or affirmed) and subscribed before me, Notary Public, on ,by the Lienor. .NY.M. VANESSATORRES Co Account Summary Real Estate Account REDACTED @ Owner: 1560 1568 DREXELAVENUE LLC C/O THE BERNSTEIN LAW FIRM Situs: 1568 DREXELAVE Miami Beach 33139-7953 (D Parcel details Get bills bv email Amount due BILL AMOUNTDUE 2020 Annual Bill $33,069.48 Add to Cart Prini-(PDF) 2019 Annual Bill $37,508.80 Prini-(PDF) [9 ADDW forthe 2021 installment Davment DIan Account history BILL AMOUNTDUE Total Amount Due $70,578.28 014 Exhibit 2 BILL AMOUNTDUE 2020 Annual Bill (D $33,069.48 Prini-(PIlE) 2019 Q 2019 Annual Bill $37,508.80 Print (PDF) Certificate #8763 2018 CD 2018 Annual Bill $0.00 Print-(PDF) Certificate #8020 Paid $34,305.73 2017 Annual Bill ) $0.00 Print (PDF) 2016 Annual Bill ) $0.00 Prini-(PIlE) 2015 Q 2015 Annual Bill $0.00 Print (PDF) Certificate #7520 Paid $25,451.90 2014 Q 2014 Annual Bill $0.00 Prini-(PIlE) Certificate #8306 Paid $22,701.61 2013 AnnualBill (D $0.00 Prini-(PDF) Total Amount Due $70,578.28 @ 2019-2020 Grant Street Group. All rights reserved. 015 IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA 1560-1568 DREXEL AVE LLC, CASE NO.: 2020-001895-CC-24 Plaintiff, VS. JOHANN C. DALTON, a/k/a YOHAN/JOHANN DALTON, Defendant. i COMPLAINT Plaintiff, 1560-1568 DREXEL AVE LLC, by and through its undersigned attorney, hereby sues the Defendant, JOHANN C. DALTON, who is also known as YOHAN/JOHANNDALTON, and alleges: 1. This is an action to remove a tenant from possession of residential real property located in Miami-Dade County, Florida, and for damages. 2. Jurisdiction is proper in this Court pursuant to Sections 26.012(2)(a) and 34.011, Florida Statutes. 3. Venue is proper in this county as this action is with regard to real property located in Miami-Dade County, Florida. 4. The Plaintiffis the owner and lessor ofthe premises located at 1568 Drexel Avenue, Unit #6, Miami Beach, Florida ("Property"). 5. From personal information, the Defendantis not in the military service ofthe United States or any of its allies. 6. This action forpossessionis brought pursuant to the summaryproceedingsofFlorida Statutes §51.011. 016 7. All conditions precedent to the institution ofthis action have been satisfied, waived, or excused. 8. The Defendant has possession of the Property pursuant to that certain Residential Lease for Apartment or Unit in Multi-family Rental Housing (Other than a Duplex) Including a Mobile Home, Condominium, or Cooperative (For a Term Not to Exceed One Year), ("Lease") a true and correct copy of which is filed separately as Exhibit "A". 9. Bythe natural terms ofthe Lease, the Defendant's tenancy ofthe Property terminated on December 6, 2019, thereby converting the Defendant's tenancy of the Property to a monthly tenancy pursuant to Section 83.04, Florida Statutes. COUNT I - REMOVAL OF TENANT FOR NON-PAYMENT 10. On May 29, 2020, the Plaintiff served the Defendant with the Three Day Notice to Tenant ("Notice of Non-Payment"), thereby requiring the Defendant to pay the past due rent in the amount of $2,000.00 or vacate the Property on or before June 2,2020. The Defendant, however, has neither paid the past due rent nor vacated the Property and continues to remain in possession of same. A true and correct copy of the served Notice ofNon-Payment is filed separately as Exhibit D. 11. BytheNotice,thePlaintiffhasterminated theDefendant's tenancy, but theDefendant continues in the possession of the Property. 12. As a result ofthe foregoing,the Plaintiffis entitled to possessionofthe Property, and for the entry of a judgment of eviction pursuant to Chapter 83, Florida Statutes. 13. The Plaintiffhas retained the undersigned law firm to represent it in this action and is obligated to pay the undersigned a reasonable attorney's fee. Furthermore, pursuant to Section XXIII of the Lease and Section 83.48, Florida Statutes, the Defendant is obligated to pay the 017 Plaintiff's reasonable attorney's fees and costs incurred in this action. WHEREFORE, the Plaintiff, 1560-1568 DREXEL AVE LLC, respectfully demands judgment for possessionofthe Property against the Defendant, JOHANN C. DALTON, who is also known as YOHAN/JOHANN DALTON, and for an award of attorney's fees and costs incurred herein pursuant to Sections and 83.625, Florida Statutes, and such other and further relief as this Court may deem just and proper. COUNT II - DAMAGES 14. Plaintiffreasserts and realleges paragraphs 1through 11, and 13, as if fully alleged herein. 15. This is an action fordamages against the Defendantpursuantto Section 83.55, Florida Statutes. 16. The Defendant was obligated to pay to the Plaintiffthe rent due in the amount of ith $1,500.00 per month, due on the 7 day of each month. 17. The Defendant owes the Plaintiffpast due rent in the total amount of $3,000.00 for the period from May 7,2020, through July 6,2020, plus $1,500.00 for each monthly rental period thereafter. 18. By the Defendant's tenancy terminating as set forth above, the Plaintiff is entitled to holdover rent pursuant to Section 83.58, Florida Statutes, starting on June 7,2020, and each month thereafter so long as the Defendant is in possession of the Property. 19. Pursuant to section 83.52(6), Florida Statutes, at all times during the Defendant's tenancy ofthe Property,the Defendant was obligated to not destroy, deface, damage, or remove any part ofthe Property or personal property therein belonging to the Plaintiffnor permit any person to do so. 018 20. The Defendant damaged the personal property of the Plaintiff including without limitation the queen-size bed, a coffee table, and broken shower glass. 21. The Plaintiffsuffer