MIAMI SHORES VILLAGE, A MUNICIPAL CORPORATION, APPELLANT,
v.
GIBRALTAR SAVINGS AND LOAN ASSOCIATION, A FLORIDA CORPORATION, APPELLEE
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PER CURIAM.
This is an appeal by the defendant Miami Shores Village from an adverse final judgment in a mortgage foreclosure action wherein the plaintiff Gibraltar Savings and Loan Association’s mortgage lien was adjudged superior to the defendant’s duly recorded special assessment lien for unpaid waste fees against the subject property. We reverse the final summary judgment under review and remand for further proceedings upon a holding that (1) defendant’s above-stated waste collection lien is superior to the plaintiffs mortgage lien, Gleason v. Dade County, 174 So. 2d 466 (Fla. 3d DCA 1965), and (2) the defendant Miami Shores Village had the lawful authority to impose the aforesaid special assessment lien for unpaid waste fees. Stone v. Town of Mexico Beach, 348 So. 2d 40, 42 (Fla. 1st DCA 1977), cert. denied, 355 So. 2d 517 (Fla.1978); Stein v. City of Miami Beach, 250 So. 2d 289 (Fla. 3d DCA 1971).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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First Nationwide Mortg. Corp. v. Brantley, 851 So. 2d 885 (Fla. 4th DCA 2003)…to determine the issue of priority of liens. Thereafter, the court ruled that the City’s lien was superior to and had priority over First Nationwide’s mortgage, basing its ruling on the authority of Miami Shores Village v. Gibraltar Savings & Loan, 561 So. 2d 27 (Fla. 3d DCA 1990), and Gailey v. Robertson, 98 Fla. 176, 123 So. 692 (1929). In Gailey, Gailey held a mortgage which he claimed was superior to a lien claimed by the City of Winter Haven. The city’s lien was a special assessment against property f…
Authorities Cited
- Silas R. Stone and Charles R. Krisher v. Town OF Mexico Beach, 348 So. 2d 40 (Fla. 1st DCA 1977)
- Am. Perfit Crystal Corp. v. Metro. Dade Cnty., 174 So. 2d 466 (Fla. 3d DCA 1965)
- Gleason v. Dade Cnty., 174 So. 2d 466 (Fla. 3d DCA 1965)
- Stein v. City OF Miami Beach, 250 So. 2d 289 (Fla. 3d DCA 1971)