Summary
In Brown v. Chaves, 181 U.S. 70, [ 45 L.Ed. 752, 21 Sup. Ct. Rep. 515], Chief Justice Fuller said: "While it is true that scire facias for the purpose of obtaining execution is ordinarily a judicial writ to continue the effect of the former judgment, yet it is in the nature of an action because the defendant may plead to it, and in many cases it has been classified as, in substance, a new action (citing many cases).
Summary of this case from Thomas v. LallyOpinion
Case Nos. 5D11-611 5D11-612.
Decision filed November 15, 2011.
Appeal from the Circuit Court for Marion County, Charles M. Harris, Judge.
James P. Tarquin of James P. Tarquin, P.A., Ocala, for Appellant, Helen Zapata Chaves.
Jonathan P. Culver of Jonathan P. Culver, P.A., Ocala, for Appellant, Todd Hopson.
Robert H. King of The Law Office of Richard M. Knellinger, P. A., Gainesville, for Appellee.
AFFIRMED.
ORFINGER, C.J., COHEN and JACOBUS, JJ., concur.
NOT FINAL UNTIL THE TIME EXPIRES TO FILE REHEARING MOTION, AND, IF FILED, DISPOSED OF.