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IN THE CIRCUIT COURT OF THE 11TH

JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE


COUNTY, FLORIDA

CIRCUIT CIVIL DIVISION

CASE NO.:

THE CITY OF MIAMI,

Plaintiff,

vs.

DELUCCA ENTERPRISES, INC.,


DADE AMATEUR GOLF
ASSOCIATION, INC., J.J. CUSTOM
GOLF, LLC, BUNKERS, INC.,
CHARLIE DELUCCA SCHOOL OF
GOLF, INC., FLORIDA FOOTGOLF
COMPLAINT
ASSOCIATION, INC., JUNIOR GOLF
ACADEMY, LLC, DELUCCA
SERVICES, INC., TINA’S TOUCH,
INC., LAW OFFICES OF CARLOS M.
RODRIGUEZ, P.A., DELUCCA MINI-
SOCCER MANAGEMENT, LLC, 3C
GOLF, LLC, 3MGA63 LLC, PRESTIGE
GOLF PERFORMANCE CORP., AND
STERN LEARNING, LLC,

Defendants.
_________________________________/

The City of Miami sues defendants and states:

JURISDICTION AND VENUE

1. This is an action for injunction, ejectment, accounting, damages in excess of this

Court’s minimum jurisdictional amount of $15,000.00, exclusive of costs and

attorneys’ fees.
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2. Venue is appropriate in Miami-Dade County pursuant to Florida Statute § 47.011,

as the Defendants are individuals or business entities located within Miami-Dade

County.

PLAINTIFF

3. The City is a municipal corporation incorporated under the laws of the State of

Florida.

4. Authorization to file this suit has been granted by Resolution of the City

Commission of the City of Miami.

DEFENDANTS

5. Delucca Enterprises, Inc., is a Florida Corporation and the operator of the Melreese

Golf Course with a principal place of business in Miami-Dade County Florida.

6. Dade Amateur Golf Association, Inc., is a Florida Corporation with a principal

place of business in Miami-Dade County Florida. .

7. J.J. Custom Golf, LLC, Bunkers, Inc., is a Florida Corporation with a principal

place of business in Miami-Dade County Florida.

8. Charlie Delucca School of Golf, Inc., is a Florida Corporation with a principal place

of business in Miami-Dade County Florida.

9. Florida Footgolf Association, Inc., is a Florida Corporation with a principal place

of business in Miami-Dade County Florida.

10. Junior Golf Academy, LLC, is a Florida Corporation with a principal place of

business in Miami-Dade County Florida.

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11. Delucca Services, Inc., is a Florida Corporation with a principal place of business

in Miami-Dade County Florida.

12. Tina’s Touch, Inc., is a Florida Corporation with a principal place of business in

Miami-Dade County Florida.

13. Law Offices of Carlos M. Rodriguez, P.A., is a Florida Corporation with a principal

place of business in Miami-Dade County Florida.

14. Delucca Mini-Soccer Management, LLC, is a Florida Corporation with a principal

place of business in Miami-Dade County Florida.

15. 3C Golf, LLC, is a Florida Corporation with a principal place of business in Miami-

Dade County Florida.

16. 3MGA63 LLC, is a Florida Corporation with a principal place of business in

Miami-Dade County Florida.

17. Prestige Golf Performance Corp., is a Florida Corporation with a principal place of

business in Miami-Dade County Florida.

18. Stern Learning, LLC, is a Florida Corporation with a principal place of business in

Miami-Dade County Florida.

FACTS COMMON TO ALL COUNTS

19. The City of Miami is the owner of land used as a public golf course with a street

address of 1802 NW 37 Avenue, Miami, Florida 33125.

20. This land is commonly referred to as Melreese Golf Course or Melreese County

Club.

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21. The facilities at Melreese Golf Course are operated pursuant to a Professional

Services Agreement (PSA) entered into by the City of Miami as owner and Delucca

Enterprises, Inc., as operator. (A copy of which is attached hereto as Exhibit 1.)

22. This PSA has been amended on numerous occasions. (All amendments to the PSA

are attached hereto as Exhibit 2.)

23. As the operator of the facilities at Melreese Golf Course, Delucca Enterprises, Inc.,

was responsible for ensuring that the premises under the corporation’s control were

used exclusively for the purpose of a public golf course, pursuant to the City of

Miami Code of Ordinances and accounting for all revenues to which the City of

Miami was entitled.

24. As the operator of the facilities at Melreese Golf Course, Delucca Enterprises, Inc.,

does not have the authority to use the address or premises at Melreese Golf Course

as the principal place of business for any business entity other than Delucca

Enterprises, Inc.

25. On August 6, 2018, the Director of the Department of Real Estate and Asset

Management (DREAM) sent a letter to legal counsel for Delucca Enterprises, Inc.,

addressing the discovery of numerous business entities which were using the City

of Miami address of Melreese Golf Course as their principal place of business

without consideration to or authorization of the City of Miami. (A copy of the

August 6, 2018, letter is attached as Exhibit 3.)

26. This letter from the Director of DREAM sought specific documents and written

responses on a per entity basis within fifteen (15) business days.

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27. Delucca Enterprises, Inc., failed to provide any of the requested documents or

written responses within the time requested and has still refused to provide the

requested documents and written responses as of the date of this Complaint over

eight months later.

28. Each of the defendants, other that Delucca Enterprises, Inc., were business entities

that were at some point used the address and/or premises at Melreese Golf Course

as their principal place of business without consideration to or authorization of the

City of Miami and were listed in an attachment to the August 6, 2018, letter.

29. Those defendants are owned or controlled by relatives, friends, employees,

business associates or attorneys of the principals of Delucca Enterprises, Inc.

30. The PSA and the covenant of good faith and fair dealing require that Delucca

Enterprises, Inc., provide the requested documents and responses.

31. The information sought through those documents and responses is necessary to

determine what damages and/or rent is due the City of Miami from these

defendants.

COUNT I
ACCOUNTING AS TO DELUCCA ENTERPRISES, INC.

32. The City realleges and reaffirms the allegations in Paragraphs 5 through 33 of the

Complaint.

33. All of the defendants listed in 6-20 supra are owned or controlled by relatives,

friends, employees, business associates or attorneys of the principals of Delucca

Enterprises, Inc.

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34. Each of the defendants listed in 6-20 supra used the premises and/or address of

Melreese Golf Course without compensation to or authorization of the City of

Miami.

35. Such use has a monetary value depending on the exact use of the address and/or

property.

36. An accounting from the City operator is necessary because the operator failed to

disclose that the premises under their control pursuant to the PSA were being used

by their relatives, friends, business associates and attorneys

37. Without obtaining an accounting from the operator of the Melreese Golf Course the

City would be unable to ascertain the extent of the misuse of its property and would

have no remedy at law to redress the injury, and Plaintiff City will suffer irreparable

injury, loss, or damage unless relief is granted.

COUNT II
EJECTMENT AS TO THE DEFENDANTS LISTED IN PARAGRAPHS 6 THROUGH 20

38. The City realleges and reaffirms the allegations in Paragraphs 5 through 33 of the

Amended Complaint.

39. This is an action for ejectment.

40. The Defendants listed in paragraphs 6 through 20 have each used the real property

of City of Miami known as Melreese Golf Course as their principal place of

business.

41. None of these business entities had or have a legal right to use that address or those

premises.

42. As a matter of law these business entities must be ejected from the premises since

they have failed to voluntarily leave the premises after notification.

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COUNT III
UNJUST ENRICHMENT AS TO THE DEFENDANTS LISTED IN PARAGRAPHS 6
THROUGH 20

43. The City realleges and reaffirms allegations in Paragraphs 5 through 33 of the

Complaint.

44. The Defendants listed in paragraphs 6 through 20 have obtained the valuable use

of City of Miami without any legal right to that property.

45. Those Defendants obtained use of that property under circumstances with the

knowledge that their use was unauthorized by the City of Miami.

46. Retaining the benefit of the use of the property without paying fair value therefor

would be inequitable and unjust.

COUNT IV
BREACH OF CONTRACT AS TO DELUCCA ENTERPRISES, INC.

47. The City realleges and reaffirms allegations in Paragraphs 5 through 33 of the

Complaint.

48. Delucca Enterprises, Inc., violated the PSA by allowing numerous of the relatives,

friends, employees, business associates and attorneys of the principals of Delucca

Enterprises, Inc. to use the premises of Melreese Golf Course as their principal

place of business without obtaining approval of or compensation for the City of

Miami.

49. Delucca Enterprises, Inc., has further breached the PSA by failing to comply with

the request for documents and written responses demanded in the August 6, 2018,

letter from the Director of DREAM.

50. Based on these breaches, the City of Miami has been damaged in an amount that

cannot yet be determined but is in excess of $15,000.

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51. As a further result of the breaches, the City of Miami is entitled to terminate the

PSA and demand that Delucca Enterprises, Inc., vacate the premises of Melreese

Golf Course.

WHEREFORE, the CITY OF MIAMI, a municipal corporation, respectfully requests that

this Honorable Court:

A. Order that Delucca Enterprises, Inc., provide a full and complete accounting to the

City of Miami provided all documents and written responses sought in the August 6, 2018, letter

from the Director of DREAM and all other documents and information relating to the unauthorized

use of the address and/or premises of Melreese Golf Course.

B. Enter an Order ejecting the Defendants listed in paragraphs 6 through 20 from the

premises of Melreese Golf Course and enter an order precluding them from using those premises

or that address for any purpose.

C. Award damages to the City of Miami from the defendants listed in paragraphs 6

through 20 supra for the unauthorized used of the address and/or premises of Melreese Golf Course

as Unjust Enrichment damages.

D. Award damages to the City of Miami from Delucca Enterprises, Inc., for Breach of

the PSA Contract.

E. Award costs and determine and award reasonable attorneys’ fees as an item of

damages if applicable.

F. Provide all such other supplemental, additional, coercive, and future relief deemed

just and proper.

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VICTORIA MÉNDEZ, City Attorney


HENRY J. HUNNEFELD,
Senior Assistant City Attorney
Attorneys for City of Miami
444 S.W. 2nd Avenue, Suite 945
Miami, FL 33130-1910
Tel.: (305) 416-1800
Fax: (305) 416-1801
Email: hjhunnefeld@miamigov.com
Secondary Email: mgriffin@miamigov.com

By: Henry J. Hunnefeld


Henry J. Hunnefeld
Florida Bar No. 343811

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