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.
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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
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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,