Legal Opinion
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Florida Attorney General Reports
Decided July 14, 1998Published
1Opinion of the Court
Mr. Harry K. Singletary, Jr. Secretary Florida Department of Corrections 2601 Blair Stone Road Tallahassee, Florida 32399-2500
Dear Secretary Singletary:
You have asked for my opinion on substantially the following question:
Can the Department of Corrections be sued as the garnishee by a judgment creditor seeking to recover a money judgment from an inmate's trust account?
In sum:
The State of Florida is protected from being sued by sovereign immunity and has not waived that protection for garnishment actions brought to recover money judgments against state prisoners.
According to your letter, the…
2Cases cited7 opinions
- Spangler v. Florida State Turnpike AuthoritySupreme Court of Florida · 1958
- State Road Department v. TharpSupreme Court of Florida · 1941
- CIRCUIT COURT, ETC. v. Dept. of Nat. ResourcesSupreme Court of Florida · 1976
- Berek v. Metropolitan Dade CountySupreme Court of Florida · 1982
- Department of Nat. Res. v. Circuit Ct. of Twelfth Jud. Cir.District Court of Appeal of Florida · 1975
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