City of Ocoee v. State ex rel. Harris
| Decision Date | 30 January 1945 |
| Citation | 20 So.2d 674,155 Fla. 514 |
| Parties | CITY OF OCOEE v. STATE ex rel. HARRIS. |
| Court | Florida Supreme Court |
Appeal from Circuit Court, Orange County; Frank A. Smith, judge.
Claude L. Gray, of Orlando, for appellant.
G. P. Garrett, of Orlando, for appellee.
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 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.
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Florida Dep v. Contractpoint Florida Parks
...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 ......
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Conner v. Mid-Florida Growers, Inc.
...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......
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Hattaway v. McMillian, 87-30419-RV.
...Specifically, 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, ......
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Gallagher v. Dupont
...to garnish the sheriff's self-insurance 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, I......