CITY OF PALM BAY, APPELLANT,
v.
WELLS FARGO BANK, N.A., APPELLEE

Fla. 5th DCA | 2011-03-25
No. 5D09-1810
TORPY, EVANDER and COHEN, JJ„ concur.
67 So. 3d 271 Florida District Court of Appeal, Fifth District (2011) Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.

ON MOTION FOR CERTIFICATION

PER CURIAM.

Upon consideration of Appellant’s motion for certification, we grant same and certify the following rephrased question to the Florida Supreme Court as one of great public importance:

Whether, under Article VIII, section 2(b), Florida Constitution, section 166.021, Florida Statutes and Chapter 162, Florida Statutes, a municipality has the authority to enact an ordinance stating that its code enforcement liens, created pursuant to a code enforcement board order and recorded in the public records of the applicable county, shall be superior in dignity to prior recorded mortgages?

TORPY, EVANDER and COHEN, JJ„ concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • City OF Palm BAY v. Wells Fargo Bank, N.A., 114 So. 3d 924 (Fla. 2013)
    …g that its code enforcement liens, created pursuant to a code enforcement board order and recorded in the public records of the applicable county, shall be superior in dignity to prior recorded mortgages? City of Palm Bay v. Wells Fargo Bank, N.A., 67 So. 3d 271, 271 (Fla. 5th DCA 2011) (mem.). On appeal, the City argues that the ordinance superpriority provision is within the “broad home rule powers” of the City. Petitioner’s Brief on the Merits at 5, City of Palm Bay v. Wells Fargo Bank, N.A, 114 So. 3d…
  • Danice Doganiero v. Doganiero, 106 So. 3d 75 (Fla. 2d DCA 2013)
    …the court “shall consider all relevant factors,” including those specified by statute. § 61.08(2). In addition to complying with this statutorily mandated directive, such findings immeasurably aid the reviewing court on appeal. See Orloff v. Orloff, 67 So. 3d 271, 275 (Fla. 2d DCA 2011) (ordering that if, on remand, the court decides to award alimony, “it shall also make sufficient findings of fact as required by section 61.08(2) to support that award in order to facilitate further appellate review”). We are…
  • Serap Frederick v. Frederick, 257 So. 3d 1105 (Fla. 2d DCA 2018)

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