OBER v. TOWN OF LAUDERDALE BY THE SEA (2017)

James OBER, Appellant, v. TOWN OF LAUDERDALE–BY–THE–SEA, a Florida Municipality, Appellee.

No. 4D14–4597

Decided: March 22, 2017

Manual Farach of McGlinchey Stafford, Fort Lauderdale, for appellant. Susan L. Trevarthen, Laura K. Wendell, and Eric P. Hockman and Adam A. Schwartzbaum of Weiss Serota Helfman Cole & Bierman, P.L., Coral Gables, for appellee.

On Motion for Certification of a Question of Great Public Importance

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.

Per Curiam.

Forst and Klingensmith, JJ., concur. Gross, J., dissents without opinion.

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