VERO BEACH — If the owner of Vero Fashion Outlets mall doesn’t answer a $32.15-million mortgage foreclosure lawsuit by Sept. 16, it could lose the right to defend itself in the case, according to attorneys.

If so, a judge could order the outdoor mall at Interstate 95 and State Road 60 — the first large mall in the county — to be sold.

“We plan to stay open during the foreclosure and after,” said West Palm Beach attorney Kenneth Curtin, who represents the mortgage holder, LNV Corp., of Nevada. “The mall will stay the same as it is now, with tenants.” (more…)

VERO BEACH — A Nevada corporation that holds the mortgage for Vero Fashion Outlets is seeking to foreclose on the mall, according to civil lawsuit filed in Indian River Circuit Court.

LNV Corp. of Nevada is seeking $32.15 million, including principal and interest, because the mall defaulted on payments, according to the lawsuit.

“Vero (Fashion Outlets) has defaulted,” wrote attorney Kenneth Curtin, of West Palm Beach, in a lawsuit filed Aug. 26. It is assigned to Circuit Judge Paul Kanarek. No action has been taken in the civil lawsuit and the mall’s owners have not responded to the allegations. Curtin did not return calls Wednesday.
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Alex Barton with his mother, Melissa Barton

A mother whose autistic son was voted out of kindergarten in St. Lucie County last year is planning a press conference this afternoon to announce the filing of a federal lawsuit against the school district, several school officials and the local teacher’s union.

The complaint submitted in federal court alleges 5-year-old Alex Barton suffered irreparable damage when his teacher Wendy Portillo “orchestrated a ‘Survivor-style’ vote” asking the boy’s classmates whether or not he should be allowed to return to the class after he’d been repeatedly disruptive. The class voted him out 14-2.

Alex has since been diagnosed with a form of autism called Asperger’s syndrome.

Wendy Portillo answers questions during an administrative hearing.

The school board initially suspended Portillo one year and stripped her tenure, but in June they restored her tenue and said she will be allowed to return to the classroom in November.

St. Lucie County Schools spokeswoman Janice Karst this afternoon said the district does not comment on active livitgation.

Barton this morning declined to discuss the specifics of the lawsuit, reserving comment for the press conference scheduled for 3:30 p.m. at her attorney Paul Sopp’s office in West Palm Beach.

She did say that her son now attends a private school in Palm Beach County through a scholarship.

“He’s doing so well,” she said. “His teacher’s a sweetheart.”

Sopp said that that while Barton is seeking monetary damages from the suit, a victory in the case would help other students.

“What we’re trying to do is ensure that no one in the St. Lucie County school district is denied education based upon their disability,” Sopp said.

The Associated Press contributed to this story.

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A six-member jury took only two hours to find Indian River County Administrator Joe Baird not guilty of DUI late Wednesday afternoon.

Baird, noticeably jubilant, sat with his attorney Bobby Guttridge as the court clerk read the verdict at 3:57 p.m. Baird then hugged his girlfriend and deferred comments to his attorney, before leaving the courthouse. (more…)

ST. LUCIE COUNTY — A Tallahassee law firm has put the school district on notice that it will be taken to court if it doesn’t promptly produce public records first requested in June about a contract with a computer software company.

Attorneys Edwin Bayo and Bill Furlow declined to say who they represent in their attempt to get documents and e-mails between St. Lucie County schools and Skyward Inc., a Stevens Point, Wis.-based supplier of school administrative software. The district began seeking a contractor in 2007 and Skyward’s software came online this summer. (more…)

VERO BEACH — Jury selection begins Monday in the DUI trial of Indian River County Administrator Joe Baird and prosecutors will get to use key evidence the defense wanted excluded.

County Judge David Morgan refused defense attorney Bobby Guttridge’s request Wednesday to toss out the May 16 arrest, which the attorney said was based on an invalid stop. (more…)

STUART — It was “bizarre” for Martin County Sheriff Robert Crowder to repeatedly pat the short, spiky haircut of Detective Jennifer Heard, her lawyer said, and he expects Heard’s sexual harassment complaint to lead to a federal discrimination suit.

“We fully expect to file a lawsuit and just litigate the matter,” said Justus Reid, a lawyer representing Heard. “The overall theme will be gender discrimination and, in effect, sexual harassment that went on in the department.”

Heard filed a complaint with the Equal Employment Opportunity Commission in May alleging the sexual harassment against her began shortly after she was hired in September 1996 and continued for the next 12 years in the form of sexual advances, catcalls and a suggestive nickname. She also accused Crowder of belittling her by patting her on the head.
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FORT PIERCE — A St. Lucie County Sheriff’s Office deputy was arrested Sunday on a DUI charge after she reportedly was seen weaving in traffic and stumbling when she exited her sport utility vehicle, according to an affidavit released Monday.

Two breath tests measured 49-year-old Consuela Hall Curtis’s blood-alcohol level as 0.144 and 0.153 percent — greater than the legal limit of 0.08 percent. Curtis is a court security deputy who joined the Sheriff’s Office in 2003, according to the Sheriff’s Office. She was off duty in her personal vehicle at the time.

An off-duty sheriff’s sergeant saw Curtis driving west Sunday afternoon on Okeechobee Road from Interstate 95, noting her GMC SUV was weaving and cutting across all lanes of traffic.
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FORT PIERCE — After Julia Rolon-Estrada died of a gunshot wound to the artery in her leg on July 26, 2006, she was wrapped in a blue tarp and again in a green blanket before being buried in the yard of her Port St. Lucie home, near a rear sliding glass door.

A dog trained to find cadavers helped authorities locate the newly tilled grave, which was covered with a wooden pallet holding 20 mulch bags stacked on top.

Rolon-Estrada’s jailed husband, 43-year-old Albert Estrada, state prosecutors say, is the man guilty of killing his wife and high-school sweatheart, who had walked out on him the night before she died at age 39.
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FORT PIERCE — St. Lucie County Fire District crews Thursday morning battled a fire suspected of being arson at a rooming house under renovation, according to the Fire District. There were no injuries.

Fire District crews were called at 5:50 a.m. to the incident in the 500 block of Douglas Court and had the fire under control by 6:15 a.m.

“No one was inside at the time of the fire but it’s reported that a gentleman had been living in the home,” Fire District spokeswoman Catherine Chaney said.

The fire started in the attic and damaged about 50 percent of the structure, which does not have power.

Chaney declined to give details on what led investigators to label the cause as arson.

The property is owned by Rey Property Investors LLC, according to the St. Lucie County Property Appraiser’s Web site. The three-bedroom home was bought in December for $70,000.

By Will Greenlee, TCPalm.com