TIME FINANCIAL SERVICES, INC., APPELLANT,
v.
HILLIARD MOBILE HOMES, INC., ET AL., APPELLEES
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Florida appellate court reversed a temporary restraining order issued by Volusia County Circuit Court that halted sheriff's sale of property pursuant to execution from a Duval County judgment, holding that challenges to execution must be brought in the court that issued the execution, not in the county where the property is located.
A court may not enjoin execution of a judgment issued by another court; challenges to execution must be brought in the court that entered the judgment and issued the execution.
[1] A circuit court lacks authority to enjoin execution of a judgment issued by another circuit court; challenges to execution must be brought in the court that entered the j…
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Join FLexlaw to unlock all legal intelligence“The officer shall stay proceedings on the execution and return the bond and affidavit to the court from which the execution issued. The court shall pass on the question of illegality as soon as possible.”
Discussing the procedure under F.S. 56.15 for challenging execution
Time Financial Services obtained a final judgment in Duval County Circuit Court against Hilliard Mobile Homes and others. The sheriff of Volusia Count…
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BOYER, Chief Judge.
Appellants, who obtained a final judgment in the Circuit Court in and for Duval County, Florida, against appellees, and others, has taken this interlocutory appeal seeking our review of a temporary restraining order entered in the Circuit Court in and for Volusia County restraining the sale of certain property by the sheriff of that county pursuant to levy of execution issued in Duval County pursuant to the final judgment entered there. The appellees did not urge in the trial court, nor do they urge here, any irregularity, fraud, nor mistake. No effort was made by appellees to comply with F.S. 56.15. That statute provides that upon receipt by the officer having the execution of the affidavit and bond therein provided for “The officer shall stay proceedings on the execution and return the bond and affidavit to the court from which the execution issued. The court shall pass on the question of il legality as soon as possible. . . .” It is readily apparent that the “court” mentioned in the statute refers to the court from whence the execution issued. We also construe the “court” mentioned in Rule l.SSO(b) RCP to refer to the court which entered the final judgment resulting in the issuance of the execution.
Accordingly, the order here appealed is hereby reversed, without prejudice to any remedies that may be available to appellees in the Circuit Court in and for Duval County, the court in which the final judgment was entered and from whence the execution was issued.
IT IS SO ORDERED.
RAWLS and SMITH, JJ., concur.
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Commercial Bank OF Okeechobee v. Proctor, 349 So. 2d 710 (Fla. 1st DCA 1977)…th DCA 1977). . Adams v. Bums, 126 Fla. 685, 172 So. 75 (1936). . 1 Crandall, Florida Common Law Practice, Prohibition § 473 (1928). . State v. Hutchins, 101 Fla. 773, 135 So. 298 (1931). . Time Financial Services v. Hilliard Mobile Homes, Inc., 329 So. 2d 362 (Fla. 1st DCA 1976).…