THE CITY OF HAINES CITY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLANT,
v.
WILLIAM ALLEN AND MARGARET ALLEN, HIS WIFE; THE PERSONAL REPRESENTATIVE OF THE ESTATE OF JOHN GUTHRIE, DECEASED; THE PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT NIVENS, DECEASED; AND THE PERSONAL REPRESENTATIVE OF THE ESTATE OF RAY AUER, DECEASED; AND ROBERT LEWIS MILLER, JR., APPELLEES; ARLENE AUER, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF RAY AUER, DECEASED, AND JOAN NIVENS, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT NIVENS, DECEASED, CROSS-APPELLANTS, V. THE CITY OF HAINES CITY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, CROSS-APPELLEE
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PER CURIAM.
The appellees recovered judgments against the City of Haines City in varying amounts arising out of a vehicular collision. We have reviewed the record and find the points on appeal raised by appellant to be without merit. We, therefore, affirm the judgments of the trial court.
The City directs our attention to the parts of the final judgments which include the language “for which let execution issue” and section 55.11, Florida Statutes (1987), which reads:
No money judgment or decree against a municipal corporation is a lien on its property nor shall any execution or any writ in the nature of an execution based on the judgment or decree be issued or levied.
The language “for which let execution issue” is not essential to the finality of a judgment. Chan v. Brunswick Corp., 388 So. 2d 274 (Fla. 4th DCA 1980). To avoid the possibility of further litigation arising from its inclusion, we strike that phrase from the final judgments herein.
The cross-appeals are rendered moot by this decision.
AFFIRMED.
SCHEB, A.C.J., and HALL and PATTERSON, JJ., concur.
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GEICO Fin. Servs., Inc. v. Kramer, 575 So. 2d 1345 (Fla. 4th DCA 1991)…oannou v. Corsini, 543 So. 2d 308, 310 (Fla. 4th DCA 1989). The language “for which let execution issue” is not essential to the finality of a judgment. Chan v. Brunswick Corp., 388 So. 2d 274, 275 (Fla. 4th DCA 1980); City of Haines City v. Allen, 549 So. 2d 678 (Fla. 2d DCA 1989). A self-executing final judgment in an action wherein no further judicial labor is required or contemplated ends the litigation between the parties. It is truly a final judgment. Benestad v. Benestad, 459 So. 2d 464 (Fla. 4th DCA…
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Getman v. Tracey Constr., Inc., 62 So. 3d 1289 (Fla. 2d DCA 2011)…inal, [*1291] appealable order. Although the order awards damages without expressly providing for execution of the judgment, “the language ‘for which let execution issue’ is not essential to the finality of a judgment.” City of Haines City v. Allen, 549 So. 2d 678, 678 (Fla. 2d DCA 1989) (citing Chan v. Brunswick Corp., 388 So. 2d 274, 275 (Fla. 4th DCA 1980)); see also Oliveri v. Bateman Group, Inc., 874 So. 2d 1290, 1291 (Fla. 2d DCA 2004). Moreover, “[a] final order or judgment is one which evidences on it…
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Fayed v. Altshuler, 676 So. 2d 1062 (Fla. 4th DCA 1996)…directives were in the form of judgments, nonetheless, for purposes of enforcement any orders requiring payment or establishing arrears would be final. See, e.g., Joannou v. Corsini, 543 So. 2d 308 (Fla. 4th DCA 1989); City of Haines City v. Allen, 549 So. 2d 678 (Fla. 2d DCA 1989). GUNTHER, C.J., and GLICKSTEIN and SHAHOOD, JJ., concur. . Stockman v. Downs, 573 So. 2d 835 (Fla.1991).…
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- Neville A. Chan v. Brunswick Corp., 388 So. 2d 274 (Fla. 4th DCA 1980)