Conservative Law Firm Wins for Hialeah Mayor in Dispute With Attorney
The client is a Republican mayor. The opponent, who is also an attorney with Podhurst Orseck, is listed as nonpartisan.
January 26, 2024 at 01:39 PM
4 minute read
Litigators
A Hialeah City Council member took his municipal grievances to Miami court, and the court spoke on whether his complaint was valid.
Miami-Dade Circuit Court Judge Reemberto Diaz, in the court's civil division, dismissed the claims by plaintiff Bryan Calvo, one of seven councilmembers for the City of Hialeah.
Calvo sued Hialeah Mayor Esteban Bovo Jr., claiming Bovo's policies are unlawful and violate plaintiff's rights as council member under the Hialeah City Charter and Code of Ordinances.
"The court is without jurisdiction to interfere in the internal legislative decision-making of Hialeah's City Council," Diaz ruled. "For this and the reasons set forth … plaintiff's complaint is dismissed with prejudice."
Ryan C. Tyler of Untiedt Dabdoub & Tyler, Coral Gables, represented Calvo. He was disappointed with the result.
"The ruling was obviously not what we hoped for or expected. As such, we are exploring all options for an appeal," Tyler said.
Bovo's attorney, Jesus M. Suarez, co-founder of Continental PLLC Attorneys-at-Law, said he was pleased with the outcome.
"Calvo was trying to litigate what he can't legislate for his policy initiatives, and he asked to impose his will on his colleagues," Suarez said.
The attorney said that public trust is at hand whenever a firm represents a municipality, or in this case, a mayor who was elected in 2021 to serve a four-year term.
"In our case, we understand that Hialeah is a hard-working city and that it needs to be spending its tax dollars on serving its citizens—and not on litigation," Suarez said.
Suarez's 20-lawyer firm deals in complex legal, political and business environments in Miami, Tallahassee, and Washington, D.C.
Suarez and his team also recently represented former President Donald Trump in his three-month Manhattan trial against New York State Attorney General Leticia James.
"We have a reputation for representing center-right politicians and taking on hard cases," Suarez said.
Suarez's client in this case, Bovo, is a Republican mayor. The opponent, Calvo, who is also an attorney with Podhurst Orseck, is listed as nonpartisan.
In a previous interview with the Daily Business Review, Suarez said, "Big Law has been impacted by 'cancel culture.' They can't represent anyone who has been canceled by the 'wokesters.' We think that's wrong and we're happy to take on those representations."
|Related Story: As Donald Trump's Legal Troubles Mount, Here's Who is Representing Him in His Classified Documents Case Out of Florida
Calvo had claimed Bovo's policies were unlawful and violated plaintiff's rights as a council member under the Hialeah City Charter and Code of Ordinances.
"Plaintiff claims he has been frustrated in his ability to investigate, inquire and raise issues at City Council meetings by Mayor Bovo's administrative policies," court documents read.
However, the complaint claims the plaintiff has extensively exercised his duties as a council member but has been constrained by the legislative prerogatives of his colleagues on the City Council.
Time was of the essence, Suarez said.
"When you represent a local municipality, you have to make sure that everything you do is in the best interest of the taxpayers. We have to make sure that we work as efficiently as possible to bring about a quick resolution so that the city can focus on what it needs to do and not engage in unnecessary litigation," the mayor's attorney said.
Diaz, the judge wrote, "Nothing in the complaint alleges how the challenged policies prevent plaintiff from fulfilling his obligations or that 'irreparable injury' would result without the injunction. He merely alleges that the Memoranda prevent him from proceeding in a manner not authorized by the Charter or Code."
Diaz said Calvo did not question the validity of the Charter or the Code, which governs the conduct of Hialeah's municipal affairs.
"As a result, it is impossible for plaintiff to suffer any harm resulting from the Memoranda," the judge wrote. "In any event, enjoining enforcement of the Memoranda will not give plaintiff the relief he seeks because the Charter and the Code, not the Memoranda, govern the conduct of municipal affairs."
|Read the Ruling Here
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