End times may finally be approaching for the Old Dixie Motel, the wreck and eyesore that has exasperated Flagler County government and the property’s neighbors for years after the Country Hearth Inn went out of business in 2008.
Senior Judge Rick Orfinger today directed the attorney representing Flagler County to draft an order that would grant the county’s motion for a final judgment in its favor nearly four years after an obscure partnership bought the property, made a string of empty promises to rebuild it, flouted a court order to put up a bond and ran up $115,000 in contempt fines.
Demolition of the building could follow.
The county’s been there before. The previous owners had faced a similar fate until they sold the property to the current owners at their 11th hour, who re-started the clock on a carousel of delays, obfuscations, powerpoints of pledges and contempt of court. But the county has never been so close to ending the grind.
The proposed order is to be sent to Circuit Judge Chris France. If France signs it, which is expected, it would result in foreclosing of the the motel property, leading to a judicial sale that could result in the county’s ownership and demolition of the relic. What’s left of the building stands today as little more than a fading-yellow shell. The order would require the partnership to provide the $250,000 bond it’s owed since May 2021. The county would use that money to “abate” the property, or clean it up–in other words, demolish the building, as it has sought to do for years.
The motel owners, known as David Shebeiro and Manny Gomez, did not show up for the hearing, nor did their representation. Their attorney until recently, Theodore D’Apuzzo, asked the court to withdraw as the owners’ counsel. France granted the request in mid-February. The county suspected it may have been another tactic to delay the county’s motion for final judgment. If so, it didn’t work.
No one has any illusions that the partnership will produce that bond, least of all Orfinger, the retired Fifth District Circuit of Appeal judge who was sitting in for Circuit Court Judge Chris France at this afternoon’s hearing. Nor does the judge expect the partnership to pay the $115,000 fine, or the attorney fees to which the county is entitled. Whatever demolition costs are ahead, the county will likely have to bear them.
Orfinger spelled out to Abraham McKinnon, the county’s counsel, how the order should be written. He wanted two issues addressed: how the $250,000 would be spent, if ever paid, and to whom would the $115,000 fine be paid, if ever produced. The $250,000 would go to the county. The $115,000 would not.
“From the way I read this order, it was a coercive, not a compensatory” fine, Orfinger said, citing state law and France’s previous order imposing $1,000 a day in fines on the partnership, after its deadline for paying the $250,000 passed. “France didn’t say, well, the counties had to bring this action, and I’m going to find you, you know, $20,000 for attorney’s fees. This was: do it, or this is a club over your head of $1,000 a day.”
Because it is a coercive fine–a fine intended to force the defendant to pay the bond, not a compensatory fine, or a fine intended to compensate the county for other losses. As a coercive fine, by law it may only be paid to the clerk’s forfeiture fund. The county asked the court to maintain jurisdiction over the payment of attorney fees, which would be owed the county, and which the county intends to pursue.
All that may be moot if, as likely, the partnership does not pay up, leaving the county bearing all costs.
Assistant State Attorney Sean Moylan also appeared in court for the 10-minute hearing.
It’s not over. The judge must sign the judgment in the county’s favor. The partnership would then have 10 days to request a re-hearing, and after that another window to appeal. Could the court change its mind between now and the signing of the order? Possibly. But that’s unlikely.
On a parallel track, the county has been pursuing a demolition order order issued by its building official, and litigated before a special magistrate. The magistrate agreed that the building is a nuisance and may be demolished–but not until the owners have had a chance to make good on promises to rebuild it. He issued that first order last year. In January, when the county pressed the issue, the magistrate in late January set a hard, five-month deadline for the owners to show progress on the property.
Not by design, but absent the partnership pulling a Lazarus with the Country Hearth Inn, the two cases appear to be converging toward an identical conclusion.
Lee says
This has been a disgrace that all the orders to tear down have still not been fulfilled. Enough is enough, not one minute more! Tear it down!!!!
Skibum says
Wait, I thought I had read not long ago that while the owners of this derelict motel tried to say they didn’t have the $250,000 for the bond that the county required, they owned other properties and there was evidence of large scale sales or other improvement work showing the statement that they didn’t have the money and couldn’t pay was false. If that is the case, I wonder why this latest and probably soon to be last effort in court is already being seen as a vain attempt to collect, with statements that the county may never receive the bond money. Can’t a lien or other type of order be placed on defendant’s assets in order to insure that such a court order to include the $250,000 bond as well as the $115,000 be paid or property attached in a sufficient amount that will satisfy the judgement? I’m no legal scholar, but there should be SOME way to enforce collect if the owners of the dilapidated motel have other assets!
Land of no turn signals says says
The only piece of property in Flagler county that I would love to see get developed into housing.Sell it,sell it..It”s been a shit hole for a decade.
Jane Gentile-Youd says
Will I be alive to see this POS demolished and the land be put to good use beneficial to the residents of our neglected community with a gas station, an Italian restaurant and ice cream parlor and a less than a hand full of medical offices No shops, no parks, just an ugly abandoned POS paying less property tax than most homes but costing the county over $40,000 in outside legal fees, The countys’s attorneys should have had a prepared Judicial Order ready and with them like most lawyers who believe they are going to prevail usually do but there is nothing usual the county does – including hiring the former county attorney as an outside attorney which is not an action permitted in Al Hadeed’s county attorney description ( no longer on line but I have copies)
Shame – hope this POS gets knocked down by June – if it does we have to thank our Building Chief Bo Snowden not Al Hadeed et al
Slowly but surely says
I wonder why their attorney withdrew? These people do owe other properties but in different LLCs. They own the storage unit property across the street that they are planning to build an RV Boat Storage. Why do they have money for that and not for this? I think they will try to salvage this somehow or at least try to. It would be nice to see it torn down finally!
Double Take says
I’m confused with this whole scenario, the counties building engineer according to the Florida Building Code, has the ultimate authority to immediately raise any structure he or she determines is “UNSAFE” and a “DANGER” to the public. Why didn’t the county opt to demolish ? They didn’t need go to court to get permission by a judge; and from what I’m reading now 3 different judges and a handful of lawyers ?
If the courts allow the delays, appeals and other legal maneuverings by the owners , delaying the tear down its Flaglerlive has reported through the chain for years it sounds like the structure really isn’t “UNSAFE or DANGEROUS ” and this is just theatrical posturing by the county.
Is there a copy of the inspection report available online ?
Jane Gentile-Youd says
Multiple violations for years .Health department filed 1 lawsuit w I n $45,000 and got pool covered and trash removed in 2018 after 1 phone call.
County corruption and legal malfeasance by filing BS court pleadings and paying an outside attorney over $40,000 for these idiotic papers instead of asking for full Summary Judgment to knock down this POS is my opinion why the show goes on
Ever hear of ‘kickbacks ‘?
Still waters run deep says
As stated by previous posters and reading your recent comment since the counties building engineer determined the property as CONDEMNED, why didn’t the county just demolish it for the good and the safety of the community ? Why did they go through the court where any first year law student knows could take years to adjudicate due to appeals ? I believe the building engineer who has the authority should have used it avoiding the excessive costs to the taxpayers and the potential hazards a CONDEMNED AND UNSAFE BUILDING POSES.