Florida Statute 56.15 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 56
FINAL PROCESS

View Entire Chapter

F.S. 56.15

56.15 Executions; stay of illegal writs.—If any execution issues illegally, the judgment debtor may obtain a stay by making and delivering an affidavit to the officer having the execution, stating the illegality and whether any part of the execution is due, with a bond with surety payable to the judgment creditor in double the amount of the execution or the part of which a stay is sought conditioned to pay the execution or part claimed to be illegal and any damages for delay if the affidavit is not well founded. On receipt of such affidavit and bond the officer shall stay proceedings on the execution and return the bond and affidavit to the court from which the execution issued. The court shall pass on the question of illegality as soon as possible. If the execution is adjudged illegal in any part, the court shall stay it as to the part but if it is adjudged legal in whole or in part, the court shall enter judgment against the principal and surety on such bond for the amount of so much of the execution as is adjudged to be legal and execution shall issue thereon.

History.—ss. 2, 3, Feb. 15, 1834; RS 1195; GS 1624; RGS 2828; CGL 4515; s. 11, ch. 67-254; s. 9, ch. 2016-33.

Note.—Former s. 55.37.

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Amendments to 56.15

Annotations, Discussions, Cases:

Cases Citing Statute 56.15

Total Results: 16

Myra Furcron v. Mail Centers Plus, LLC

843 F.3d 1295, 2016 WL 7321211

Court of Appeals for the Eleventh Circuit | Filed: Dec 16, 2016 | Docket: 4553791

Cited 114 times | Published

(quoting Moore’s Federal Practic e § 56.15 (2d ed. 1985)) (alterations in original). In any

Ellen T. Harris v. H & W Contracting Company

102 F.3d 516

Court of Appeals for the Eleventh Circuit | Filed: Feb 28, 1997 | Docket: 2035195

Cited 85 times | Published

James W. Moore et al., Moore’s Federal Practice § 56.15[7] (2d ed.1996) (same); 10A Charles Alan Wright

Bingham, Ltd. v. United States

724 F.2d 921, 1984 U.S. App. LEXIS 25626

Court of Appeals for the Eleventh Circuit | Filed: Feb 9, 1984 | Docket: 780730

Cited 61 times | Published

See generally Moore’s Federal Practice, § 56.15[1.-0], 56-398. Second, the opponent may rebut the

Henry Gerrard Clay v. Equifax, Inc.

762 F.2d 952, 1985 U.S. App. LEXIS 30171

Court of Appeals for the Eleventh Circuit | Filed: Jun 11, 1985 | Docket: 1009082

Cited 42 times | Published

otherwise usable at trial. 6 Moore Federal Practice § 56.-15[7]. The court may draw legal presumptions as well

Fish Carburetor Corp. v. Great American Ins. Co.

125 So. 2d 889

District Court of Appeal of Florida | Filed: Jan 10, 1961 | Docket: 1276070

Cited 12 times | Published

440; Moore's Federal Practice, 2d Ed., Vol. 6, § 56.15(1). [2] Woods v. Robb, 5 Cir., 1948, 171 F.2d

Settecasi v. Board of Public Instruction

156 So. 2d 652

District Court of Appeal of Florida | Filed: Oct 9, 1963 | Docket: 446081

Cited 11 times | Published

Moore's Federal Practice, 2nd Ed., § 56.07, p. 2044; § 56.15 (3), pp. 2123 and 2128. In such an instance, the

Visingardi v. Tirone

178 So. 2d 135

District Court of Appeal of Florida | Filed: Aug 3, 1965 | Docket: 1326693

Cited 10 times | Published

denied. NOTES [1] 6 Moore's Federal Practice, § 56.15(3), p. 2128. * * * "In determining whether the

First Alabama Bank of Montgomery, N.A. v. First State Insurance

899 F.2d 1045

Court of Appeals for the Eleventh Circuit | Filed: Apr 27, 1990 | Docket: 66252936

Cited 7 times | Published

interest.” G, COUCH, CYCLOPEDIA OF INSURANCE LAW § 56:15 (2d. ed. 1982). Thus, the critical date for awarding

In re Jones

268 B.R. 865, 15 Fla. L. Weekly Fed. B 3, 2001 Bankr. LEXIS 1365, 88 A.F.T.R.2d (RIA) 5980

United States Bankruptcy Court, M.D. Florida | Filed: Sep 6, 2001 | Docket: 65782247

Published

Defendants for Violation of South Carolina Statute Section 56-15-30, et seq.” In Count V, Magic Toyota and Mr

Harris v. H & W Contracting Company

Court of Appeals for the Eleventh Circuit | Filed: Dec 31, 1996 | Docket: 420533

Published

Moore et al., Moore's Federal Practice § 56.15[7] (2d ed.1996) (same);

Time Financial Services, Inc. v. Hilliard Mobile Homes, Inc.

329 So. 2d 362, 1976 Fla. App. LEXIS 14044

District Court of Appeal of Florida | Filed: Apr 5, 1976 | Docket: 64552999

Published

No effort was made by appellees to comply with F.S. 56.15. That statute provides that upon receipt by the

Smith v. Continental Insurance

281 So. 2d 393, 1973 Fla. App. LEXIS 7672

District Court of Appeal of Florida | Filed: Aug 15, 1973 | Docket: 64533814

Published

is undiscovered. See 6 Moore, Federal Practice § 56.15 [5]. Reversed and remanded. HOBSON and McNULTY

Zell v. Azzarelli Construction Co.

269 So. 2d 52

District Court of Appeal of Florida | Filed: Nov 15, 1972 | Docket: 64528674

Published

1.510(e), 31 F.S.A.; 6 Moore, Federal Practice § 56.-15(3). PIERCE, C. J., and HOBSON and MANN, JJ., concur

Berlanti Construction Co. v. Miami Beach Federal Savings & Loan Ass'n

183 So. 2d 746, 1966 Fla. App. LEXIS 5606

District Court of Appeal of Florida | Filed: Mar 1, 1966 | Docket: 64495911

Published

rule is set forth in 6 Moore’s Federal Practice § 56.15(4), (2d ed. 1965), wherein it is stated: * * *

Well-Bilt Products, Inc. v. Liechty

167 So. 2d 84

District Court of Appeal of Florida | Filed: Sep 2, 1964 | Docket: 64490545

Published

6 Moore’s Federal Practice, 2nd, p. 2165, Section 56.15(8) states: “Discretion plays no real role in

Ramagli Realty Co. v. Speier

110 So. 2d 71, 1959 Fla. App. LEXIS 3144

District Court of Appeal of Florida | Filed: Mar 24, 1959 | Docket: 60192221

Published

So.2d 915; 6 Moore’s Federal Practice, 2d Ed., § 56.15(3). As previously pointed out, the defense of waiver