Filing # 109366365 E-Filed 06/24/2020 06:17:38 PM
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN
AND FOR MIAMI/ DADE COUNTY,
FLORIDA GENERAL JURISDICTION
DIVISION
ROBERT F. PIPER, III, individually and
As Chair of TAKE BACK OUR CITY,
A Miami Political Committee
Plaintiff,
vs. 2020-4799-CA-13
THE CITY OF MIAMI and
TODD HANNON, in his official
capacity as CLERK OF THE
CITY OF MIAMI.
Defendants,
And,
COMMISSIONER JOE CAROLLO,
Intervening Defendant.
/
EMERGENCY MOTION TO ENFORCE ORDER
COME NOW, the Plaintiffs, by and through undersigned Counsel and file this
EMERGENCY Motion to enforce the Order of this Court and in support thereof states as follows:
1. This action was brought for Mandamus, seeking to force the City Clerk to turn over recall
petitions to the Miami-Dade Supervisor of Elections for Verification.
2. On March 10, 2020, this Court granted Mandamus and issued an Order stating, inter alia,
“that there is no statutory authority investing the Clerk with the discretion or authority
exercised by the Clerk in this case.”
3. The Defendants in this matter immediately appealed.
4. On May 27, 2020, The Third District Court of Appeal of Florida affirmed the Order of this
Court.
5. The Defendants subsequently moved for rehearing and rehearing en banc.
6. On June 24, 2020, the Third District denied all Motions filed by the Defendants.
7. The Defendants have been afforded all legal avenues to pursue their case and have been
denied at every turn. As such, it is time for this Court to enforce its original order.
WHEREFORE, the Plaintiff’s request this Honorable Court once again Order the
Defendants, the City of Miami and Clerk Todd Hannon to immediately comply with the Florida
Statutes and immediately deliver the recall petitions to the Miami-Dade Supervisor of Elections as
well as any and other such relief as This Court sees fit.
Respectively submitted this 24th day of June 2020 by:
Law Firm of Juan-Carlos Planas, P.A. David J. Winker, P.A.
2332 Galiano Street, 2nd Floor 2222 SW 17th St
Coral Gables, FL 33134 Miami, Fl 33145
(850) 980-6542 305-801-8700
By: ___s./_J.C. Planas__________ By:____s./ DJW______________
Juan-Carlos Planas, Esq. Fla. Bar. No. 73148
Fla. Bar No.: 156167 David J. Winker, Esq. B.C.S.
Email: jcplanas@planaslawfirm.com dwinker@dwrlc.com
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was electronically
filed with the Florida Court’s E-Filing Portal, and that as a registered participant of the Portal, I
have effectuated service through the Portal in compliance with Fla. R. Jud. Admin. 2.516 on
Victoria Mendez, Esq., John Greco, Esq., Keri McNulty, Esq. and Gerorge Wysong, Esq. City of
Miami Attorney, Office of the City Attorney 444 S.W. 2nd Avenue, Suite 945, Miami, Florida
33130, Benedict P. Kuehne, Esq., KUEHNE DAVIS LAW, P.A. Miami Tower, Suite 3550, 100
S.E. 2 St., Miami, FL 33131-2154 at the respective associated emails registered through the portal
this 24th day of June 2020 by:
Law Firm of Juan-Carlos Planas, P.A.
2332 Galiano Street, 2nd Floor
Coral Gables, FL 33134
(850) 980-6542
By: ___s./_J.C. Planas__________
Juan-Carlos Planas, Esq.
Fla. Bar No.: 156167
Email: jcplanas@planaslawfirm.com
David J. Winker, P.A.
2222 SW 17th St
Miami, Fl 33145
305-801-8700
By:____s./ DJW______________
Fla. Bar. No. 73148
David J. Winker, Esq. B.C.S.
dwinker@dwrlc.com
