Wells v. State

Thomas Perry WELLS, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided March 7, 2007.

District Court of Appeal of Florida · decided 2007-03-07

Cited by 1 later decisions — most recently July 2008

1 state decisions

Key passage — most relied on by later courts

“the sole method of enforcing a judgment against a governmental entity is by way of a mandamus action”

quoted by 1 later decision, including 986 So. 2d 1260 - FL. DEPT. OF ENVIRONMENTAL PROTECTION v. Contractpoint Florida Parks, LLC

Relies on Navarro v. Bouffard

Good law ✅— No negative treatment on recordhow we know

Decided 2007-03-07

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¶1Thomas Perry Wells, Jr., Perry, Pro Se.

¶2Bill McCollum, Attorney General, Tallahassee, and Claudine M. LaFrance, Assistant Attorney General, West Palm Beach, for appellee.

¶3PER CURIAM.

¶4Thomas Perry Wells appeals an order denying his prayer for issuance of a writ of *583 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.

¶5A 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 writ of execution was proper.

¶6Affirmed.

¶7WARNER, GROSS and TAYLOR, JJ., concur.