Judge dismisses lawsuit that sought to remove Commissioner Joe Carollo from office

A judge has dismissed a lawsuit to remove Miami Commissioner Joe Carollo, the latest legal victory for the longtime politician.

The lawsuit alleged that he violated the Miami City charter by infringing on the free speech rights of two Little Havana businessmen, Bill Fuller and Martin Pinilla, who have sued the city and Carollo several times.

“This lawsuit has no basis, so we’re really pleased to show that the lawsuit was never a proper lawsuit, and it’s completely over unless they want to appeal,” said Carollo’s attorney Andres Rivero.

On Sept. 6, Federal Judge Rodney Smith also ruled Carollo’s wages could not be garnished to pay off a $63.5 million judgment won by Fuller and Pinilla in a separate civil case last year. He’s since appealed the judgment.

This is yet another victory for Carollo, as in July, U.S. Magistrate Judge Lauren Louis recommended to Smith to allow Carollo to claim his Morris Lane home as his homestead under the Florida Constitution. This would protect the property from being seized for the judgment payment. That matter still awaits a final ruling from Smith.

READ MORE: Joe Carollo can shield home from seizure to pay lawsuit debt, federal magistrate says

Fuller and Pinilla’s attorney, Jeffrey Gutchess, told the Miami Herald they plan to appeal the dismissal of lawsuit to remove Carollo.

“We’ll be asking for expedited consideration, mainly because we think that this is an issue of utmost importance to the citizens of Miami, to have their bill of rights, to have their constitution enforced by a court,” Gutchess said.

In their lawsuit, the businessmen argued that Carollo should be removed from office under a provision in the city charter that states a public official “shall forthwith forfeit his or her office or employment” if they violate a citizen’s rights, including free speech. The jury that awarded the businessmen with their multi-million dollar judgment found that Carollo had violated their free speech rights.

On Friday, Miami-Dade Circuit Judge Daryl Trawick ruled that because Carollo was acting in “individual capacity” and “not in his official capacity,” the challenge to his right to hold office does not hold up. He also noted that the judgment could be reversed on appeal.

Gutchess says they first filed the complaint in January and were told by a judge that they did not have standing under the city charter, so they amended the lawsuit and challenged Carollo’s right to hold public office under a legal action called a quo warranto.

“What right does Joe Carollo have to hold office?” said Gutchess. “To us, it’s a no-brainer.”

In dismissing the suit, Trawick said the old legal principle did not apply to this case.

Miami Herald reporter Devoun Cetoute contributed to this report.

This story was originally published September 21, 2024 at 6:36 PM.