City of Ocoee v. State Ex Rel. Harris

Supreme Court of Florida

City of Ocoee v. State Ex Rel. Harris

20 So. 2d 674, 155 Fla. 514, 1945 Fla. LEXIS 564

CourtSupreme Court of Florida

DecidedJanuary 30, 1945

StatusPublished

Cited by6 cases

This text of 20 So. 2d 674 (City of Ocoee v. State Ex Rel. Harris) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Ocoee v. State Ex Rel. Harris, 20 So. 2d 674, 155 Fla. 514, 1945 Fla. LEXIS 564 (Fla. 1945).

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Opinion

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 re *515 quire 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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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 re *515 quire 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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Bluebook (online)

20 So. 2d 674, 155 Fla. 514, 1945 Fla. LEXIS 564, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-ocoee-v-state-ex-rel-harris-fla-1945.

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