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CITY OF PALM BAY, Appellant, v. WELLS FARGO BANK, N.A., Appellee

Florida District Court of Appeal2011-03-25No. No. 5D09-1810
67 So. 3d 271

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Opinion

majority opinion

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.