On April 17, 2018 a
Complaint,Petition
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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IN THE CIRCUIT COURT OF THE ELEVENTH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA
RAUL MEJIA, and VIRGINIA LOPEZ
Plaintiffs,
2018-12371-CA
vs.
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.
ORDER GRANTING PLAINTIFFS’ MOTION TO AMEND COMPLAINT
This matter comes before the Court on Plaintiffs’ Motion to Amend their Complaint to a Second
Amended Complaint. The Court, having heard the arguments of counsel for Plaintiffs and Defendant,
Florida Department of Revenue (DOR), and Defendants Miami-Dade Property Appraiser and County Tax
Collector being in agreement with the amendment, and being duly advised in the premises, it is hereupon,
ORDERED AND ADJUDGED that said Motion be, and the same is hereby Granted
1. The Second Amended Complaint is deemed filed upon entry of this order.
2. The Court finds that paragraph 20 of the second amended complaint is not an independent
cause of action and that Defendants’ objections or defenses are preserved for a response to
the Second Amended Complaint.
3. DOR’s objection to the jury trial demand is overruled without prejudice. Defendant may
object to the Plaintiffs’ demand for a jury trial upon closure of the pleadings.
4. Defendants shall file their response to the Second Amended Complaint within 20 days of
entry of this order.
Page 1 of 2DONE AND ORDERED in Chambers at Mami-Pade County, Florida, on 02/05/19.
f
- LOPEZ
CIRCUIT COURT JUDGE
No Further Judicial Action Required on THIS
MOTION
CLERK TO RECLOSE CASE IF POST
JUDGMENT
The parties served with this Order are indicated in the accompanying 11th Circuit email
confirmation which includes all emails provided by the submitter. The movant shall
IMMEDIATELY serve a true and correct copy of this Order, by mail, facsimile, email or
hand-delivery, to all parties/counsel of record for whom service is not indicated by the
accompanying 11th Circuit confirmation, and file proof of service with the Clerk of Court.
Signed original order sent electronically to the Clerk of Courts for filing in the Court file.
DONE-AND- ORDERED jn-Chambers-in-Miami—_M: Dade-Counte—Flerida-thi day
Copies furnished to:
1, André Gibson, Chartered, Email: AAGibson@Gibsontaxlaw.com; Efile@Gibsontaxlaw.com
2. Timothy Dennis at Timothy.Dennis@myfloridalegal.com,
Jon.Annette@myfloridalegal.com, Rebecca.Padgett@myfloridalegal.com;
3. Michael Mastrucci, mastrucc@miamidade.gov; emily@miamidade.goy; and
4. The Florida Attorney General oag.civil.eservice@myfloridalegal.com
Page 2 of 2
Document Filed Date
February 05, 2019
Case Filing Date
April 17, 2018
Category
Declaratory Judgment
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IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA RAUL MEJIA, and VIRGINIA LOPEZ Plaintiffs, 2018-12371-CA vs. 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. ORDER GRANTING PLAINTIFFS’ MOTION TO AMEND COMPLAINT This matter comes before the Court on Plaintiffs’ Motion to Amend their Complaint to a Second Amended Complaint. The Court, having heard the arguments of counsel for Plaintiffs and Defendant, Florida Department of Revenue (DOR), and Defendants Miami-Dade Property Appraiser and County Tax Collector being in agreement with the amendment, and being duly advised in the premises, it is hereupon, ORDERED AND ADJUDGED that said Motion be, and the same is hereby Granted 1. The Second Amended Complaint is deemed filed upon entry of this order. 2. The Court finds that paragraph 20 of the second amended complaint is not an independent cause of action and that Defendants’ objections or defenses are preserved for a response to the Second Amended Complaint. 3. DOR’s objection to the jury trial demand is overruled without prejudice. Defendant may object to the Plaintiffs’ demand for a jury trial upon closure of the pleadings. 4. Defendants shall file their response to the Second Amended Complaint within 20 days of entry of this order. Page 1 of 2DONE AND ORDERED in Chambers at Mami-Pade County, Florida, on 02/05/19. f - LOPEZ CIRCUIT COURT JUDGE No Further Judicial Action Required on THIS MOTION CLERK TO RECLOSE CASE IF POST JUDGMENT The parties served with this Order are indicated in the accompanying 11th Circuit email confirmation which includes all emails provided by the submitter. The movant shall IMMEDIATELY serve a true and correct copy of this Order, by mail, facsimile, email or hand-delivery, to all parties/counsel of record for whom service is not indicated by the accompanying 11th Circuit confirmation, and file proof of service with the Clerk of Court. Signed original order sent electronically to the Clerk of Courts for filing in the Court file. DONE-AND- ORDERED jn-Chambers-in-Miami—_M: Dade-Counte—Flerida-thi day Copies furnished to: 1, André Gibson, Chartered, Email: AAGibson@Gibsontaxlaw.com; Efile@Gibsontaxlaw.com 2. Timothy Dennis at Timothy.Dennis@myfloridalegal.com, Jon.Annette@myfloridalegal.com, Rebecca.Padgett@myfloridalegal.com; 3. Michael Mastrucci, mastrucc@miamidade.gov; emily@miamidade.goy; and 4. The Florida Attorney General oag.civil.eservice@myfloridalegal.com Page 2 of 2