On April 17, 2018 a
Motion,Ex Parte
was filed
involving a dispute between
Lopez, Virginia,
Mejia, Raul,
and
Biegalski,
De La Mora,
Lopez,
for Declaratory Judgment
in the District Court of Miami-Dade County.
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Filing # 111672153 E-Filed 08/12/2020 12:50:56 PM
IN THE CIRCUIT COURT OF THE ELEVENTH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA
CIVIL ACTION
RAUL MEJIA, and VIRGINIA LOPEZ
Plaintiffs,
CASE NO.: 2018-12371-CA
vs. DIVISION:
PEDRO GARCIA, as Property Appraiser of
Miami Dade County Florida; LEON M.
BIEGALSKI, as Executive Director of
Florida Department of Revenue; MARCUS
SAIZ DE LA MORA, as Tax Collector of
Miami Dade County, Florida
Defendants.
______________________________________________/
PLAINTIFFS’ MOTION TO ADVANCE THE TRIAL ON THE DOCKET
Plaintiffs, Raul Mejia (hereinafter “MEJIA”) and Virginia Lopez (Hereinafter
LOPEZ”) (collectively, “Plaintiffs”) move this Court pursuant to Fla. Stat. § 415.1115 for an
order advancing the trial on the docket and as basis state:
1. Plaintiffs are husband and wife; MEJIA is 79 years old and LOPEZ is 72 years old.
2. MEJIA is suffering from kidney disease and is gravely ill. MEJIA has lost one kidney,
is required to be on dialysis three (3) days per week, due to complications with his treatment
he is hospitalized almost weekly, and almost once per month has to undergo surgeries to
correct issues with the dialysis delivery catheter.
3. MEJIA is on an organ transplant list, however, if he does not receive a donor kidney
transplant in the near future he will die.
4. Section 415.1115 provides: “In a civil action in which a person over the age of 65 is a
party, such party may move the court to advance the trial on the docket. The presiding judge,
after consideration of the age and health of the party, may advance the trial on the docket.”
5. Both MEJIA and LOPEZ are over the age of 65, however, MEJIA’s health and
Page 1 of 2
prognosis is particularly acute such that if this case is to take it’s normal course, he will die
before trial occurs.
WHEREFORE, Plaintiffs respectfully request this Court enter an order advancing the
trial on the docket and awarding such further relief as the Court deems just and proper.
ANDRÉ GIBSON, CHARTERED
Andre A. Gibson
Attorney for Plaintiffs, Virginia and Raul Mejia
Florida Bar Number: 0635529
45 NE 67th Street,
North Miami Beach, FL 33162
Telephone: (305) 652-4900
E-Mail: AAGibson@Gibsontaxlaw.com
Secondary E-Mail: Efile@Gibsontaxlaw.com
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been furnished via electronic
mail to Timothy Dennis at Timothy.Dennis@myfloridalegal.com,
Jon.Annette@myfloridalegal.com, Rebecca.Padgett@myfloridalegal.com; and Michael
Mastrucci, Assistant County Attorney, mastrucc@miamidade.gov; emily@miamidade.gov,
this 12th day of August, 2020.
André A. Gibson
Attorney for Plaintiffs
Page 2 of 2
Document Filed Date
August 12, 2020
Case Filing Date
April 17, 2018
Category
Declaratory Judgment
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Filing # 111672153 E-Filed 08/12/2020 12:50:56 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CIVIL ACTION RAUL MEJIA, and VIRGINIA LOPEZ Plaintiffs, CASE NO.: 2018-12371-CA vs. DIVISION: PEDRO GARCIA, as Property Appraiser of Miami Dade County Florida; LEON M. BIEGALSKI, as Executive Director of Florida Department of Revenue; MARCUS SAIZ DE LA MORA, as Tax Collector of Miami Dade County, Florida Defendants. ______________________________________________/ PLAINTIFFS’ MOTION TO ADVANCE THE TRIAL ON THE DOCKET Plaintiffs, Raul Mejia (hereinafter “MEJIA”) and Virginia Lopez (Hereinafter LOPEZ”) (collectively, “Plaintiffs”) move this Court pursuant to Fla. Stat. § 415.1115 for an order advancing the trial on the docket and as basis state: 1. Plaintiffs are husband and wife; MEJIA is 79 years old and LOPEZ is 72 years old. 2. MEJIA is suffering from kidney disease and is gravely ill. MEJIA has lost one kidney, is required to be on dialysis three (3) days per week, due to complications with his treatment he is hospitalized almost weekly, and almost once per month has to undergo surgeries to correct issues with the dialysis delivery catheter. 3. MEJIA is on an organ transplant list, however, if he does not receive a donor kidney transplant in the near future he will die. 4. Section 415.1115 provides: “In a civil action in which a person over the age of 65 is a party, such party may move the court to advance the trial on the docket. The presiding judge, after consideration of the age and health of the party, may advance the trial on the docket.” 5. Both MEJIA and LOPEZ are over the age of 65, however, MEJIA’s health and Page 1 of 2 prognosis is particularly acute such that if this case is to take it’s normal course, he will die before trial occurs. WHEREFORE, Plaintiffs respectfully request this Court enter an order advancing the trial on the docket and awarding such further relief as the Court deems just and proper. ANDRÉ GIBSON, CHARTERED Andre A. Gibson Attorney for Plaintiffs, Virginia and Raul Mejia Florida Bar Number: 0635529 45 NE 67th Street, North Miami Beach, FL 33162 Telephone: (305) 652-4900 E-Mail: AAGibson@Gibsontaxlaw.com Secondary E-Mail: Efile@Gibsontaxlaw.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been furnished via electronic mail to Timothy Dennis at Timothy.Dennis@myfloridalegal.com, Jon.Annette@myfloridalegal.com, Rebecca.Padgett@myfloridalegal.com; and Michael Mastrucci, Assistant County Attorney, mastrucc@miamidade.gov; emily@miamidade.gov, this 12th day of August, 2020. André A. Gibson Attorney for Plaintiffs Page 2 of 2