State Road Dept. v. Bankers Life & Cas. Co., 64-276
| Citation | 166 So.2d 234 |
| Decision Date | 07 July 1964 |
| Docket Number | No. 64-276,64-276 |
| Parties | STATE ROAD DEPARTMENT of the State of Florida, an Agency of the State of Florida, Appellant, v. BANKERS LIFE AND CASUALTY COMPANY, an Illinois corporation, Appellee. |
| Court | Court of Appeal of Florida (US) |
P. A. Pacyna, Tallahassee, for appellant.
Taylor, Brion & Rollins and Dan A. Hames, Miami, for Bankers Life & Casualty Co.
Blackwell, Walker & Gray and James E. Tribble, Miami, for General Ins. Co.
Eli R. Katz, Miami Beach, for Cuyahoga Wrecking Co.
Louis Adams, Ft. Lauderdale, for Big Chief, Inc.
Before BARKDULL, C. J., and TILLMAN PEARSON and HENDRY, JJ.
The State Road Department appeals a post-final judgment order requiring it to issue the necessary authorizations to the State Treasurer, in order to pay a judgment rendered in an 'inverse eminent domain' suit, when the State Road Department had caused the appellee's property improvements to be taken without compensation contrary to Fla.Const., Declaration of Rights, § 12, F.S.A. No appeal was taken from the final judgment, and the time has now expired to seek appellate review of same.
The State contends that the trial judge was without the power to require the State Road Department to pay its just obligations, through its duly authorized agents, even though its chairman testified that there were funds available. We do not agree and affirm, either because of the inherent power of a trial court to enforce collection of its judgments [see: Florida Guaranteed Securities, Inc. v. McAllister, S.D.Fla.1931, 47 F.2d 762; 19 Fla.Jur., Judgments and Decrees, § 537; 30A Am.Jur., Judgments, § 910] or under the reasoning of the Supreme Court of Florida, as pronounced by the late Mr. Justice Terrell in State Road Department v. Tharp, 1941, 146 Fla. 745, 1 So.2d 868, wherein, in holding the State Road Department liable for a taking without compensation, he stated the following:
* * *
* * *
* * *
* * *
...
To continue reading
Request your trial
-
Dade County School Bd. v. Radio Station WQBA
...of a judgment rendered against it, at least where that entity has funds available. officers. See State Road Dept. v. Bankers Life & Casualty Co., 166 So.2d 234, 235 (Fla. 3d DCA 1964). 28 Fla.Jur.2d Government Tort Liability § 61, at 223-24 (1981) (footnotes omitted; emphasis added); State ......
-
Conner v. Mid-Florida Growers, Inc.
...vouchers authorizing the Comptroller to pay obligations incurred by the official or his agency. State Road Department v. Bankers Life and Casualty Co., 166 So.2d 234 (Fla. 3d DCA 1964). We have no reason to presume that the Comptroller would dishonor such a request from the commissioner, es......
-
Florida Medical Center, Inc. v. Von Stetina By and Through Von Stetina
...to render a final judgment has "the inherent power ... to enforce collection of its judgments". STATE ROAD DEPARTMENT v. BANKERS LIFE & CASUALTY CO., 166 So.2d 234, 235 (Fla. 3rd DCA 1964). It is also settled that "[t]he legislature has no power to prescribe rules regulating the conduct of ......