THOMAS PERRY WELLS, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
THOMAS PERRY WELLS, JR., APPELLANT,
STATE OF FLORIDA, APPELLEE
952 So. 2d 582
Florida District Court of Appeal, Fourth District (2007)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Thomas Perry Wells appeals an order denying his prayer for issuance of a writ of execution against the State of Florida to enforce a cost judgment in his favor in the amount of $11.40. The cost judgment arose when Wells was the successful party on appeal in a mandamus action against the state.
A sheriff has no authority to levy against public property to satisfy a judgment. Navarro v. Bouffard, 522 So. 2d 515, 517 (Fla. 4th DCA 1988). Rather, the sole method of enforcing a judgment against a governmental entity is by way of a mandamus action. Id. Thus, the trial court’s refusal to issue a wilt of execution was proper. Affirmed.
WARNER, GROSS and TAYLOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Fla. Dep't of Env't Prot. v. Contractpoint Fla. Parks, LLC, 986 So. 2d 1260 (Fla. 2008)…ng issuance of writ of mandamus to require payment by a municipality because to deny mandamus “would be equivalent to holding that a judgment creditor of a municipality would have no available means to enforce the payment”); see also Wells v. State, 952 So. 2d 582, 583 (Fla. 4th DCA 2007) (holding that the sheriff may not levy on public property and “the sole method of enforcing a judgment against a governmental entity is by way of a mandamus action”); Northern Coats v. Metro. Dade County, 588 So. 2d 1016, 10…
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Wilson v. Bd. of Cnty. Comm'rs (Fla. 4th DCA 2026)
Authorities Cited
- Navarro v. Bouffard, 522 So. 2d 515 (Fla. 4th DCA 1988)