Supreme Court of Florida, 1945

City of Ocoee v. State Ex Rel. Harris

City of Ocoee v. State Ex Rel. Harris
Supreme Court of Florida · Decided January 30, 1945 · Chapman, Terrell, Buford, Adams
20 So. 2d 674; 155 Fla. 514; 1945 Fla. LEXIS 564 (Southern Reporter, Second Series)

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.

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