City of Palm Bay v. Wells Fargo Bank, N.A.

In this case we consider whether a municipal ordinance may validly establish su-perpriority status for municipal code enforcement liens. In City of Palm Bay v. Wells Fargo Bank, N.A., 57 So.3d 226 (Fla. 5th DCA 2011), the Fifth District Court of Appeal concluded that such an ordinance superpriority provision is invalid because it conflicts with a state statute and that the City’s lien accordingly did not have priority over the lien of Wells Fargo’s mortgage that was recorded before the City’s lien was recorded. Palm Bay sought review, and we accepted jurisdiction based on the Fifth District’s…