A Miami-Dade Circuit Court judge has dismissed most of the claims in a lawsuit filed by siblings Sean and Nicole Mirmelli, who sought to terminate a 99-year ground lease connected to part of the Kimpton Surfcomber Hotel property in Miami Beach.
Judge Thomas Rebull ruled last week to dismiss four out of five counts from the Mirmellis’ May complaint against Chisholm Properties South Beach, led by Robert Balzebre. The dismissed claims included breach of contract, commercial eviction, and slander of title. The court’s decision also denied the Mirmellis’ requests to cancel the ground lease and appoint a receiver for management of the parcel at 1731 Collins Avenue, which is half of the hotel’s land assemblage. Both Chisholm and the Mirmellis, through a trust, each hold a 50 percent ownership stake in this parcel.
Chisholm acquired the three-story hotel for $1.4 million in 2004 and separately assumed the ground lease at 1731 Collins Avenue that allowed for construction of the Art Deco building completed in 1948. The acquisition also included outright ownership of an adjacent parcel at 1717 Collins Avenue.
Joseph Pardo, attorney for Sean and Nicole Mirmelli, said via email that his clients intend to seek another hearing or appeal if necessary. “We believe there was an ongoing breach because the lease restrictions are covenants that run with the land,” Pardo stated.
In their legal complaint, the Mirmellis accused Chisholm of breaching terms by altering conditions at the property that did not comply with requirements set forth in the long-term agreement. They also alleged Chisholm was subject to liens on the property and obtained an unauthorized $20.5 million loan in 2014 secured by both parcels.
The siblings further claimed that Chisholm submitted mortgage documents containing an estoppel letter with what they say was a forged signature from Nicole Mirmelli. She provided an affidavit denying she signed it.
Lawyers Abbey Kaplan and Philippe Lieberman, representing Chisholm Properties South Beach, described the lawsuit as “a frivolous and misguided attempt to unwind a long-standing lease.” Addressing allegations about forgery, they stated: “Our client received the fully executed Estoppel Certificate directly from the Mirmellis,” adding that “a notary testified under oath that he personally witnessed the signing. Any alleged misdeed was attributable to the Mirmellis.”
Judge Rebull found that some claims regarding liens and mortgages were barred due to statutes of limitations and concluded that without Chisholm’s consent, the Mirmellis lacked standing to enforce terms of the ground lease.
