Florida District Courts of Appeal, 2017

Ober v. Town of Lauderdale-by-the-Sea

Ober v. Town of Lauderdale-by-the-Sea
Florida District Courts of Appeal · Decided March 22, 2017 · Forst, Gross, Klingensmith
213 So. 3d 954; 2017 WL 1076939; 2017 Fla. App. LEXIS 3773 (Southern Reporter, Third Series)

Ober v. Town of Lauderdale-by-the-Sea

Opinion of the Court

On Motion fob Certification of a Question of Great Public Importance

Per Curiam.

We grant Appellee’s February 7, 2017 Motion for Certification of a Question of Great Public Importance and certify the following question to the Florida Supreme Court:

WHETHER, PURSUANT TO SECTION 48.23(1)(D), FLORIDA STATUTES, THE FILING OF A NOTICE OF LIS PENDENS AT THE COMMENCEMENT OF A BANK’S FORECLOSURE ACTION PREVENTS A LOCAL GOVERNMENT FROM EXERCISING AUTHORITY GRANTED TO IT BY CHAPTER 162, FLORIDA STATUTES, TO ENFORCE CODE VIOLATIONS EXISTING ON THE FORECLOSED PROPERTY AFTER FINAL FORECLOSURE JUDGMENT AND BEFORE JUDICIAL SALE, WHERE THE LOCAL GOVERNMENT’S INTEREST OR LIEN ON THE PROPERTY ARISES AFTER FINAL JUDGMENT AND DID NOT EXIST WITHIN THIRTY (30) DAYS AFTER THE RECORDING OF THE NOTICE OF LIS PENDENS.
Forst and Klingensmith, JJ., concur. Gross, J., dissents without opinion.

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