Legal Opinion

City of Riviera Beach v. J & B Motel Corp.

District Court of Appeal of Florida

Decided March 15, 2017No. 4D16-0174PublishedCited by 2 opinions

1Opinion of the CourtDamoorgian, J.

This case concerns the City of Riviera Beach’s attempt to foreclose a code enforcement hen encumbering commercial property owned by Appellee, J & B Motel Corp. The City recorded its lien in the public records in 2003, but did not sue to foreclose until 2015. Appellee moved to dismiss the foreclosure action, arguing that it was barred by either the four or five year statute of limitations set forth in sections 95.11(2)(c) and 95.11(3)(f) of the Florida Statutes. The court agreed and dismissed the City’s code enforcement hen foreclosure count with prejudice. We reverse because the statutes…

2Cases cited3 opinions

  1. Advanced Chiropractic & Rehabilitation Center, Corp. v. United Automobile Insurance Co.District Court of Appeal of Florida · 2012
  2. Privas v. Brisson Custom Homes, Inc.District Court of Appeal of Florida · 2002
  3. Pierson D. Construction, Inc. v. YudellDistrict Court of Appeal of Florida · 2003

3Cited by2 opinions

  1. Tardif v. McCuan (In re McCuan)District Court, M.D. Florida · 2017
  2. City of Fellsmere, Florida v. Elias AlmanzaDistrict Court of Appeal of Florida · 2024

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