City of Ocoee v. State ex rel. Harris

CourtUnited States State Supreme Court of Florida
Writing for the CourtAuthor: Per Curiam
Citation20 So.2d 674,155 Fla. 514
Decision Date30 January 1945
PartiesCITY OF OCOEE v. STATE ex rel. HARRIS.

20 So.2d 674

155 Fla. 514

CITY OF OCOEE
v.
STATE ex rel. HARRIS.

Florida Supreme Court

January 30, 1945


Appeal from Circuit Court, Orange County; Frank A. Smith, judge. [20 So.2d 675.]

Claude L. Gray, of Orlando, for appellant.

G. P. Garrett, of Orlando, for appellee.

PER CURIAM.

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 require [155 Fla. 515] 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., and TERRELL, BUFORD, and ADAMS, JJ., concur.

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6 practice notes
  • Florida Dep v. Contractpoint Florida Parks, No. SC07-1131.
    • United States
    • United States State Supreme Court of Florida
    • July 10, 2008
    ...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 e......
  • Conner v. Mid-Florida Growers, Inc., MID-FLORIDA
    • United States
    • Court of Appeal of Florida (US)
    • March 31, 1989
    ...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......
  • Hattaway v. McMillian, No. 87-30419-RV.
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Northern District of Florida
    • June 17, 1994
    ...mandamus is available to require such an official to satisfy a judgment against him. See City of Ocoee v. State ex rel Harris, 155 Fla. 514, 20 So.2d 674, 675 (1945); Northern Coats v. Metropolitan Dade County, 588 So.2d 1016 (Fla. 3d DCA 1991); Connor v. Mid-Florida Growers, Inc., 541 So.2......
  • Gallagher v. Dupont, No. 5D04-3155.
    • United States
    • Court of Appeal of Florida (US)
    • December 9, 2005
    ...the sheriff's self-insurance Page 349 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......
  • Request a trial to view additional results
6 cases
  • Florida Dep v. Contractpoint Florida Parks, No. SC07-1131.
    • United States
    • United States State Supreme Court of Florida
    • July 10, 2008
    ...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 e......
  • Conner v. Mid-Florida Growers, Inc., MID-FLORIDA
    • United States
    • Court of Appeal of Florida (US)
    • March 31, 1989
    ...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......
  • Hattaway v. McMillian, No. 87-30419-RV.
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Northern District of Florida
    • June 17, 1994
    ...mandamus is available to require such an official to satisfy a judgment against him. See City of Ocoee v. State ex rel Harris, 155 Fla. 514, 20 So.2d 674, 675 (1945); Northern Coats v. Metropolitan Dade County, 588 So.2d 1016 (Fla. 3d DCA 1991); Connor v. Mid-Florida Growers, Inc., 541 So.2......
  • Gallagher v. Dupont, No. 5D04-3155.
    • United States
    • Court of Appeal of Florida (US)
    • December 9, 2005
    ...the sheriff's self-insurance Page 349 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......
  • Request a trial to view additional results

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