City of Ocoee v. State Ex Rel. Harris

Supreme Court of Florida
City of Ocoee v. State Ex Rel. Harris, 20 So. 2d 674 (Fla. 1945)
155 Fla. 514; 1945 Fla. LEXIS 564
Chapman, Terrell, Buford, Adams

City of Ocoee v. State Ex Rel. Harris

Opinion of the Court

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.

Reference

Full Case Name
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
Cited By
6 cases
Status
Published