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WELLS v. STATE

District Court of Appeal of Florida, Fourth District.
Mar 7, 2007

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 writ of execution was proper.

Affirmed.

WARNER, GROSS and TAYLOR, JJ., concur.