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Premature eviction worth $27,500

A man's possessions were dumped outside his apartment a day early.

By BILL COATS
Published January 14, 2007

A man who was prematurely evicted from his Lutz apartment two years ago, only hours before he planned to move, has received $27,500 in compensation.

Because a Hillsborough County sheriff's deputy approved the eviction, the Sheriff's Office paid Miguel Garcia and his son $12,500 to settle a lawsuit over the case.

The remaining $15,000 was paid by Lake Carlton Arms, the Van Dyke Road apartment complex where employees threw Garcia's possessions on a roadside.

Garcia testified in a deposition that he had talked twice to the complex's office manager about his plans to move out later that day. The manager denied that, said Garcia's attorney, Randall Reder.

Garcia didn't return calls to the Times. Reder said he and Garcia split the settlement, after expenses, and Garcia used his portion to buy a house in Port St. Lucie.

Reder said they were pleased with the outcome.

"There's no way that we would have been legally entitled to anything close to $25,000," he said.

"The sheriff realized a mistake was made," said Jason Gordillo, attorney for Sheriff David Gee. "He wanted to make things right for Mr. Garcia and his son."

Lake Carlton Arms' attorney would not discuss the case, citing a confidentiality requirement in the settlement agreement. The Times obtained the agreement through a public records request of the Sheriff's Office.

Garcia contended his lost possessions were worth $107,000. But he attributed $82,000 of that to the religious value of many Santeria artifacts he lost. Circuit Judge Sam Pendino ruled that only the replacement value, not any religious value, could be considered. Reder threatened to appeal that, in hopes of setting a precedent.

The remaining $25,000 in losses were pegged to the value of the items when new. Attorneys could have insisted on depreciated values.

Behind on his rent, Garcia received a sheriff's notice in April 2005 that he must move out by April 12. But Deputy Dagoberto Rodriguez noted the date wrong. He returned to Garcia's apartment on April 11 to let Lake Carlton Arms take possession of it.

Rodriguez testified he was taken aback to see that the apartment was "furnished and neat," not vacant. He wanted to double-check Garcia's notice, and unsuccessfully hunted for it in the apartment.

After Rodriguez left, apartment complex employees dumped Garcia's possessions beside the complex's rear entry road. Garcia said they had been heavily looted by the time he arrived to move out.

Bill Coats can be reached at 813 269-5309 or coats@sptimes.com.

[Last modified January 13, 2007, 19:21:18]