CITY OF OCOEE, A MUNICIPAL CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA,
v.
THE STATE OF FLORIDA, ON RELATION OF LESTER HARRIS
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The Florida Supreme Court affirmed a lower court's decision to issue a peremptory writ of mandamus against the City of Ocoee, holding that a statute did not preclude such a writ to compel a municipality to pay a judgment. The court found no reversible error in the lower court's judgment.
No, Section 55.11 of the Florida Statutes 1941 does not preclude the issuance of a writ of mandamus against a municipality to compel the payment of a judgment. Such a construction would leave judgment creditors of a municipality without a means to enforce their judgments.
“Aside from the contention that Section 55.11 Fla. Statutes 1941 (same F.S.A.) precludes the issuance of the writ such as was issued in this case, we see no necessity of any specific discussion.”
This quote introduces the main legal contention of the appellant.
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Join FLexlaw to unlock all legal intelligenceThe City of Ocoee appealed a judgment that awarded a peremptory writ of mandamus. The writ was issued to compel the City to pay a judgment. The City c…
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From judgment awarding peremptory writ of mandamus City of Ocoee has brought its appeal here.
Aside from the contention that Section 55.11 Fla. Statutes 1941 (same F.S.A.) precludes the issuance of the writ such as was issued in this case, we see no necessity of any specific discussion. As we construe the section of the statute, supra, it does not preclude mandamus against a municipality to re*515quire the payment of a judgment. It appears to us that to so construe the statute would be equivalent to holding that a judgment creditor of a municipality would have no means available to enforce the payment of such judgment.
The record has been considered and we find no reversible error. So the judgment is affirmed.
So ordered.
CHAPMAN, C. J., TERRELL, BUFORD and ADAMS, JJ., concur.
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Fla. Dep't of Env't Prot. v. Contractpoint Fla. Parks, LLC, 986 So. 2d 1260 (Fla. 2008)…tion, what is the correct statutory construction of section 11.066. Faced with a definite construction of the statute, issuance of the writ of mandamus is an appropriate enforcement mechanism in this case. See City of Ocoee v. State ex rel. Harris, 155 Fla. 514, 20 So. 2d 674, 675 (1945) (affirming issuance of writ of mandamus to require payment by a municipality because to deny mandamus “would be equivalent to holding that a judgment creditor of a municipality would have no available means to enforce the…
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Doyle Conner v. Mid-Florida Growers, Inc., 541 So. 2d 1252 (Fla. 2d DCA 1989)…ying judgment to the extent it was not stayed. Mandamus has been recognized as an appropriate remedy in such instances, at least where the obligation to pay is, as here, no longer subject to dispute. See, e.g., City of Ocoee v. State ex rel. Harris, 155 Fla. 514, 20 So. 2d 674 (1945); Peacock v. State ex rel. American Mortgage and Finance Corp., 122 Fla. 25, 164 So. 680 (1935). Indeed, in this instance it may be the growers’ only remedy as long as the department refuses to pay. Conner next argues that even…
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Gallagher v. Dupont, 918 So. 2d 342 (Fla. 5th DCA 2005)…la.1994). In Hattaway, a judgment creditor moved for writ of garnishment and mandamus against a sheriff to garnish the sheriffs self-insur- [*349] anee pool, or directly collect judgment not paid by excess carriers. See also City of Ocoee v. Harris, 155 Fla. 514, 20 So. 2d 674 (1945) (holding mandamus proper vehicle to require payment of judgment against municipality); Conner v. Mid-Florida Growers, Inc., 541 So. 2d 1252, 1255 (Fla. 2d DCA 1989) (holding writ of mandamus against Department of Agriculture an…
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