City of Miami attorneys working on behalf of Commissioner Joe Carollo and against his recall prevailed in delaying the process some more Friday when the Miami-Dade Circuit Court judge that ruled against them on Tuesday allowed the city to keep the petitions from moving forward to the county’s Supervisor of Elections as they appeal his decision to do just that.
Ladra’s head is spinning, too.
Judge Alan Fine presided over an empty courtroom as seven 
attorneys — four on behalf of the city’s taxpayers — actually took turns talking on a speaker in front of him (thank the corona virus outbreak) and provided the recall group with a setback as he sided with the city.
Fine had ruled in favor of the Take Back Our City political action committee lawyers earlier this week when they sued to force City Clerk Todd Hannon to take the 1,914 recall Carollo petitions turned in to the city almost two weeks ago to the Miami-Dade County Elections Department. The judge said Tuesday that Hannon had to pick them up and deliver them Wednesday because the state statute said that was all he was authorized to do. Hannon had no jurisdiction on computing the time, the judge added.
An hour later, the city appealed and, because governments get automatic stays when they appeal, the PAC sued again to vacate the stay and get the petitions to the county, which then has 30 days to verify and validate the signatures — or not.
Read related: Miami city attorneys conspired, created ‘cheat sheet’ to top Joe Carollo recall
Assistant City Attorney Kerri McNulty — the same one who had originally reached the same conclusion about the computation of time as the attorneys — said that there was no irreparable harm because the election did not have to be in August or November. So it’s the Law Offices of Joe Carollo LLP that wants the recall election to cost the city, not the PAC.
Furthermore, McNulty added, a small number of petitions like this would not take the county 30 days to verify.
“They will get their election if they get through the procedural hurdles and any other challenges that come their way,” she said. She’s a prophet.
Recall attorney JC Planas and David Winker argued that the automatic stay applied to legislative and criminal cases, not an order where his honor had found that the city had failed in a “ministerial duty.” Planas also told the judge that legal maneuvering is just to delay the process and give Carollo the unfair advantage of more than a 30-day period during which he could go and get petition signers to rescind.
“He can undo the work,” Planas said.
McNulty called it “conjecture” — even though we’ve heard Carollo on radio say that just that might happen. But absent affidavits or evidence, Fine said he could not consider that argument. Cuban radio is never evidence.
Read related: Recall Joe Carollo lawyers win first round in court; city attorney appeals
The petitions will hang out then in Fine’s chambers on the 14th floor while the case plays out in the Third District Court of Appeals. And they might be lonely there for a while. The county courthouse was already kinda empty on Friday as schools and other municipal buildings shut down amid the corona virus outbreak.
The courtroom was empty and the entire proceedings were over a speaker by conference call. Fine had to turn it up at one point 
so the court reporter could hear. In addition to Planas was recall attorney David Winker and, on the part of the city, in addition to McNulty — may have had her phone on speaker at first because you could hardly hear her until she did something — was City Attorney Victoria Mendez, Deputy City Attorney John Greco and Assistant City Attorney George Wysong. Ben Kuehne, representing Carollo, was also at the telephonic meeting.
The city attorneys — and at least Winker — had been exposed the day before to Miami Mayor Francis Suarez, who tested positive for corona virus on Friday. Mendez, for instance, was sitting right next to him at the commission meeting Thursday morning. He is self isolating. (More on that later).
Said Winker, who was also at City Hall on Thursday and should probably be self isolating: “I am confident Judge Fine’s well-reasoned decision will be upheld by the Third DCA and this appeal is nothing more than a stall tactic by the City.”
It was still unknown Friday when that hearing would be — and if it might be postponed due to the current pandemic.
Miami attorneys win and Joe Carollo recall petitions sit in judge’s chambers added by Ladra on
View all posts by Ladra →
Little Francis still not firing Vicky Mendez for cause? Stabbing him in the back numerous times not cause enough?
Given the difficulty any canvassing will be for the next couple of months wouldn’t the City slow walking the case help the recall? And Crazy Jo seems a little better behaved since this has been hanging over him. (good behavior for crazy joke is a relative thing even on the best day)
In 2019 Joe Carollo was a loud and aggressive supporter / lobbyist helping Jorge Mas and campaign supporters demolish Melreese Park. With the City facing sea level rise Carollo advocates to kill open green spaces so long as he benefits his friends and out-of-town based developers. #RecallJoeCarollo
Carollo is also accused of using his self appointed position as head of the Bayfront Park Trust to help his pal lobbyist Marc Sarnoff. Carollo is helping Sarnoff’s client to fill in the FEC Slip. It was Carollo who took $3 Million from the Trust to payoff a union buddy.
gustavo Chacon.
I agree he does criticize others who deserve it but is he any better ?
By the way I do not find him worse then the rest of them ..
”Recall City of Miami Commissioner Joe Carollo ”
1. Carollo abused his power and violated the City Charter by instructing code enforcement officials to target, harass, and intimidate a business owner in Little Havana who supported Carollo’s political opponent. Carollo himself participated in the harassment, visiting the targeted business late at night and claiming that he is the “new sheriff in town” and that he “is the law.” Carollo’s actions resulted in a federal lawsuit and an investigation by the Miami-Dade Commission on Ethics and Public Trust;
2. Carollo abused his power and violated state law by using public funds to support the political campaign of a political ally. In 2018, Carollo repeatedly used public funds to organize lunchtime events for senior citizens, which included free food and other giveaways; Carollo invited his political ally to attend these events and converted them into campaign rallies for his political ally, encouraging the seniors in attendance to vote for him.
pa fuera Loco Joe
Joe Carollo as Chairman of the Bayfront Park Trust diverted $3 Million from the Trust and gave it to a Union buddy who helped him get elected. This left the Trust broke and vulnerable.
Why People Don’t like Carollo ? He tell’s The TRUTH and it Hurts ! Go Joe Carollo Go Beat This Idiots Again !
1) Bar Complaints to be filed on all
Victoria Mendez bar number 194931; [email protected]
Kerri McNulty bar number 16171; [email protected]
George Wysong bar number 989010; [email protected]
John Greco bar number 991236; [email protected]
2) Victoria Mendez husband Carlos Morales for years has been buying distressed properties then goes to Victoria to get her office to negotiate the liens down to size, also corruption, so it is nothing new for Vic to keep skimming the law, to benefit herself and family plan..
look into this
Carollo knew of this when elected and has used this against her to cater to his every whim
3) Victoria has not been fired because she can only be fired by the commission.
She knows this and the commission knows this.
And pertaining to the above comments, Carlos Morales has de facto run the building department for many years even though he is not a city employee but you get the point.
Victoria does whatever the commission wants, particularly Joe Carollo. Joe, who knew of Victoria and Carlos’ property fix up and flip scheme prior to being elected, holds this information over her head so Victoria does whatever Joe asks, even when it is blatantly or borderline illegal. I suppose it is that or prison for her. It is of this persons opinion that the feds will get to Victoria and several commissioners soon enough.
4) Go ask around the building department and other city departments, it is widely known that for years Carlos Morales (Victoria’s husband) has had free reign. Many of the commenters in your last article asked how this is possible? Carlos would have a “friendly” partner purchase and rehab the property but it was Carlos who behind the scenes would have massive city liens/fines mitigated to pennies on the dollar. This is why, again, Victoria caters to every whim of Joe Carollo. Remember, Joe, who knew of Victoria and Carlos’ property fix up and flip scheme prior to being elected, holds this information over her head so Victoria does whatever Joe asks, even when it is blatantly or borderline illegal.
Wow. Vicky Mendez and her 27-28 City attorneys definitely hate City residents. No one from the City stands up for the residents. Shame on Vicky Mendez and her staff.