Miami City Commissioner Joe Carollo shouldn’t have to lose his Coconut Grove home, despite owing a $63.5 million judgment to a pair of developers, according to a federal judge’s recommendation.
Bill Fuller and Martin Pinilla sought a court order to sell Carollo’s six-bedroom house at 3230 Morris Lane at auction to help satisfy the judgment stemming from a federal jury verdict the duo won last year against the embattled Miami elected official. The residence has an estimated market value of $3.4 million, according to Zillow. Carollo paid $574,700 in 2001.
Fuller and Pinilla lead Miami-based Barlington Group, which is the largest commercial property owner in Little Havana.
In a written report issued Saturday, Federal Magistrate Judge Lauren Louis determined that the property is exempt from seizure because Carollo claims the residence as his homestead. Florida law protects homesteaded properties from judgment seizures.
U.S. District Judge Rodney Smith, who is presiding over the case, will make a final ruling.
“The objective evidence is sufficient to show the defendant’s intent to permanently reside at the Morris Lane property as his homestead,” Louis wrote. Fuller and Pinila did not “meet their burden to prove” Carollo had moved out of his Coconut Grove home with no intention of returning and had not established a new permanent residence somewhere else, Louis’ report states.
Carollo’s attorney Benedict Kuehne said Louis “validated his [client’s] Constitutional homestead as a protection against the efforts of local businessmen to take away his only home,” in a statement.
In February, Carollo’s legal team, including former Miami City Commissioner Marc Sarnoff, succeeded in delaying seizure of the home by the U.S. Marshals Service. However, the city of Miami has been garnishing Carollo’s wages to help satisfy the judgment.
Last summer, a Fort Lauderdale federal jury ruled Carollo violated Fuller’s and Pinilla’s civil rights by abusing his official position to mount an illegal code enforcement campaign against their businesses and properties.