Florida District Courts of Appeal, 1990

Miami Shores Village v. Gibraltar Savings & Loan Ass'n

Florida District Courts of Appeal · Decided May 15, 1990 · No. 89-2154 · Goderich, Hubbart, Nesbitt

561 So. 2d 27; 1990 Fla. App. LEXIS 3330; 1990 WL 62904 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

First Nationwide Mortgage Corp. v. Brantley (Fla. Dist. Ct. App. 2003)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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 *28Loan 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.

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