[CLC-Discussion] Garnishment of county entities

[Richard A. Burt]

Tracye,

The remedy is a writ of mandamus.

A municipality can be required by writ of mandamus to pay a valid judgment entered for breach of contract with a private entity (notwithstanding an ordinance or statute which requires a specific legislative appropriation to pay a judgment entered against the state or its agencies).  See, Florida Dept. of Environmental Protection v. Contractpoint Florida Parks, LLC,  986 So. 2d 1260 (Fla. 2008); see also, 35 Fla. Jur 2d Mandamus and Prohibition § 75 (where a claim against a public entity has been reduced to judgment but funds are insufficient to pay it, mandamus - an order issued by the Court to each City Commissioner -- will be issued to require levy of a tax sufficient to raise the monies needed to fund payment).

Dick

Richard A. Burt, Esq.
BURT & BURT
220 So. Ridgewood Avenue
Suite 200
Daytona Beach, Florida 32114
(386) 252-2090 (office)
(866) 240-7043 (facsimile)
dick at burt-burt.com<mailto:dick at burt-burt.com>
www.burt-burt.com<http://www.burt-burt.com/>



From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Tracye
Sent: Friday, August 17, 2012 3:42 PM
To: construction committee
Subject: [CLC-Discussion] Garnishment of county entities

Is anyone aware of case law or statute that prohibits garnishment of funds held by county entities (ie funds owed to a Contractor by a county entity)?

[Logo]
Tracye K. Solove, Attorney at Law
Certified Civil Circuit Mediator
Tracye at solovelawfirm.com
Kendallwood Office Park One
12002 Southwest 128th Court
Suite 201
Miami, Florida  33186
Phone: (305) 612-0800
Facsimile: (305) 612-0801
http://www.solovelawfirm.com<http://www.solovelawfirm.com/>

Providing Statewide Legal Services in the areas of Commercial Collections and Recovery, Creditors' Rights, Commercial Landlord/Tenant and Real Estate Foreclosures

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From: clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org> [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Mark Fisher
Sent: Friday, August 17, 2012 2:35 PM
To: construction committee
Subject: [CLC-Discussion] EPA defense

Can anyone refer me to a construction lawyer in Tampa who could represent a contractor there who is being audited by the EPA regarding lead abatement?  The EPA is apparently auditing him in his tampa offices tuesday so local counsel in Tampa will be necessary.

Mark S. Fisher, Esq.
Fisher, Butts, Sechrest & Warner PA
Supreme Ct Certified Circuit Civil Mediator
www.fbswlaw.com<http://www.fbswlaw.com>
352-373-5922

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