Crime

Little Havana businessmen who sued Miami’s Joe Carollo now want his wages garnished

Two Little Havana businessmen who won a staggering $63.5 million verdict in a free speech civil lawsuit filed against Miami Commissioner Joe Carollo, have asked the court to garnish his city salary.
Two Little Havana businessmen who won a staggering $63.5 million verdict in a free speech civil lawsuit filed against Miami Commissioner Joe Carollo, have asked the court to garnish his city salary. cjuste@miamiherald.com

Though it won’t begin to dent the $63.5 million verdict they won last summer, the two Little Havana businessmen who successfully sued Miami Commissioner Joe Carollo for impeding their free speech have asked the court to garnish his wages.

Carollo, 68, earns $58,000 a year as a part-time commissioner. His total compensation, which includes items like a car and cellphone expense, is about $100,000.

The document filed in federal court Tuesday gives the city 20 days to provide William “Bill” Fuller and his partner Martin Pinilla with the commissioner’s salary and inform them of his pay periods. The court filing also demands that Miami withhold 25 percent of Carollo’s “disposable earnings.” But it doesn’t make clear if that would come just from his salary or include his overall compensation.

This is clear: Fuller wants every nickle he can wring from the commissioner. And Carollo will fight the order and likely get it at least delayed as the sides fight over his finances.

“Even if I take his last $50 to get my kids ice cream, at least I’ll know there’s going to be redemption,” Fuller said. “Our legal fees alone are in excess of $7 million. Every dollar he has available to pay, we want it.”

Retorted Carollo: “I know they’d love to see me homeless in the streets. But unless there’s a new law created by some judge that’s friendly towards them... that’s not what the law is,” he said. “Any first-year student at law school knows that the head of a household who makes the most wages and pays for the most expenses in the household, that in Florida law, you can’t garnish his wages.”

Federal law limits a garnishment to no more than 25% of any individual defendant’s disposable earnings after deductions, or 30 times the federal minimum hourly wage, whichever is less per pay period.

READ MORE: Big expensive legal loss for Joe Carollo. Jury awards Miami businessmen $63.5 million

Carollo’s most recent financial disclosure with the city of Miami, through the end of 2022, shows assets of $2.58 million. The largest asset is his Coconut Grove home, which is valued at $2.5 million. The remainder is from a checking account and a retirement plan. The disclosure form claims a debt of $271,128 to First Horizon Bank, but doesn’t explain the debt.

$63.5 million judgment against Carollo

Last June after a seven-week trial, a federal jury in Fort Lauderdale determined that Carollo was so livid with Fuller and Pinilla for supporting a political opponent that he spent years destroying their reputations and “weaponized” police and code enforcement to target their properties. The jury found Carollo liable for a staggering $63.5 million in the civil trial, more than two-thirds of it for punitive damages to be paid to Fuller and Pinilla.

Carollo’s issues with Fuller and Pinilla go back to just before his 2017 runoff election victory in Miami’s District 3 over attorney Alfonso “Alfie” Leon. The businessmen — who own and operate several of Calle Ocho’s most popular destinations, from the Ball & Chain nightclub to the Tower Hotel — attracted Carollo’s ire when they sponsored a rally for Leon on one of their properties.

Earlier this month, Fuller and Pinilla filed a virtual copy-cat lawsuit against the city of Miami and more than two dozen employees, including City Manager Art Noriega and City Attorney Victoria Mendez. The lawsuit also lists 13 businesses operated by Fuller and Pinilla as plaintiffs.

Since the June verdict, the sides have been wrangling over a series of motions, mostly concerning Carollo’s finances. The commissioner said he intends on appealing the verdict, but can’t do so until the motions are cleared.

This story was originally published November 29, 2023 at 3:32 PM.

Charles Rabin
Miami Herald
Chuck Rabin, writing news stories for the Miami Herald for the past three decades, covers cops and crime. Before that he covered the halls of government for Miami-Dade and the city of Miami. He’s covered hurricanes, the 2000 presidential election and the Marjory Stoneman Douglas mass shooting. On a random note: Long before those assignments, Chuck was pepper-sprayed covering the disturbances in Miami the morning Elián Gonzalez was whisked away by federal authorities.
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