notebook - Southwest Florida Water Management District

swfwmd.state.fl.us

notebook - Southwest Florida Water Management District

STYLE/CASE NO. COURT ATTORNEY ACTION DESCRIPTION/STATUS

In December 2011, the District’s counsel served a formal proposal

for settlement for $10,000.00, which will entitle the District to an

award of attorney’s fees if Blount ultimately receives a judgment

that is 25% less than the amount of the settlement proposal (i.e.,

$7,500.00), or less. In late July 2012, Plaintiff accepted settlement

from the District’s insurance carrier. On July 31, 2012, Plaintiff’s

counsel filed a notice of settlement. Case dismissed and

resolved.

19

Bradshaw, Chester

J. and Charles E.

Strange, Jr., v.

SWFWMD/Case

No. 2011 CA 4011

Branch Banking

and Trust Co v.

Krueger, Joseph

M., et al./Case No.

2010 CA 001200

Maguire, Raymer

F., III and

5 th Judicial Circuit,

Citrus County

5 th Judicial Circuit,

Sumter County

10th Judicial Circuit,

Highlands County

J. Ward Complaint for Declaratory Relief On October 19, 2011, the District was served with a Complaint for

Declaratory Relief. Plaintiffs’ complaint seeks declaratory relief

against the District on grounds the District owns certain real

property identified as the Potts Preserve and Flying Eagle ranches.

The specific relief sought consists of a declaration that portions of

the properties are sovereignty lands, rather than being subject to

District ownership, and an order requiring the District to remove all

fences, signs, and barriers on sovereignty lands in Potts Preserve

and Flying Eagle. On December 14, 2011 the District filed a motion

to dismiss the complaint. On April 20, 2012, a hearing was held on

the District’s motion to dismiss. The court granted the District’s

motion to dismiss. Plaintiffs filed an Amended Complaint on June

4, 2012, adding DEP as a defendant in the case. The District filed

a motion to dismiss the amended complaint on June 27, 2012, and

DEP filed a motion to dismiss shortly thereafter. The District and

DEP’s motions to dismiss are currently pending.

J. Ward Foreclosure complaint against

Joseph M. Krueger, Joanne

Suggs Krueger, et al., against

whom the District has a judgment

with regard to an enforcement

action

J. Ward Suit seeking declaratory judgment

re tax certificates

17

This is a foreclosure proceeding relating to the Suggs ERP

enforcement matter (see detailed description in “Appeals” section

below). Joseph Krueger was a former owner of one of the

properties on the Suggs master parcel. On October 8, 2010, this

foreclosure proceeding was filed by the lender holding the note on

that particular property. The District is named as a defendant only

because it recorded a final judgment placing a lien against the

subject property. The District’s interest in the property is

subordinate to the foreclosing lender’s interest. The District filed an

answer to the complaint on October 26, 2010. On December 3,

2011, the court issued an order to show cause as to why the case

should not be dismissed for lack of prosecution. By order dated

January 27, 2012, the plaintiff is required to appear before the court

on April 4, 2012, to show cause as to why the case should not be

dismissed. The plaintiff canceled the hearing on its motion for

summary judgment, and has initiated discussions with the District

regarding settlement. The plaintiff is currently contemplating

settlement options.

On November 3, 2010, the plaintiffs filed their amended complaint

suing several governmental defendants, including the District,

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