Carollo office removal lawsuit dismissed by judge

MIAMI — A judge has dismissed a lawsuit to remove Miami City Commissioner Joe Carollo from office, CBS News Miami has learned.
According to CBS News Miami’s partners at the Miami Herald, the lawsuit alleged that he violated the Miami City charter by “infringing on the free speech rights” of Bill Fuller and Martin Pinilla, the two owners of the Ball and Chain restaurant in Little Havana.
“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,” Carollo’s attorney Andres Rivero told the Herald.
CBS News Miami has reached out to the court, along with Carollo’s attorney and Fuller and Pinilla’s legal team for comment.
Jeffrey Gutchess, who represents Fuller and Pinnila, told the Herald that they are planning to appeal the lawsuit’s dismissal.
“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,” the attorney said.
In the lawsuit, the business 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 Herald reported. The jury that awarded the businessmen with their multimillion-dollar judgment found that the commissioner had violated their free speech rights, the Herald reported.
On Friday, Miami-Dade Circuit Judge Daryl Trawick ruled that because Carollo was acting in an “individual capacity,” the challenge to his right to hold office does not hold up, noting that the judgment could be reversed on appeal. In dismissing the lawsuit, Trawick said the old legal principle did not apply to the case.
Gutchess told the Herald that 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 the commissioner’s right to hold office under quo warranto – a court order that asks someone to show what authority they have to hold a public office, franchise or liberty.
“What right does Joe Carollo have to hold office?” he said. “To us, it’s a no-brainer.”
The businessmen have sued Carollo and the city on several occasions, accusing the commissioner of orchestrating a vendetta against them because they supported a rival candidate for political office.  
On Sept. 6, Judge Rodney Smith also ruled that Carollo’s wages could not be garnished to pay off the $63.5 million judgment won by Fuller and Pinilla in a separate civil case in 2023. The commissioner has since appealed the judgment.
According to the Herald, U.S. Magistrate Judge Lauren Louis recommended to Smith to allow Carollo to claim his Coconut Grove home as his homestead under the Florida Constitution, thus protecting the property from being seized for judgment payment. That matter is still awaiting a final ruling, the Herald noted.