JAMES OBER, APPELLANT,
v.
TOWN OF LAUDERDALE-BY-THE-SEA, A FLORIDA MUNICIPALITY, APPELLEE

Fla. 4th DCA | 2017-03-22
No. 4D14-4597
Forst and Klingensmith, JJ., concur., Gross, J., dissents without opinion.
213 So. 3d 954 Florida District Court of Appeal, Fourth District (2017)


Opinion of the Court
Per Curiam.

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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