Florida Statute 56.15 | Lawyer Caselaw & Research

The 2024 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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F.S. 56.15 on Casetext

Amendments to 56.15

Arrestable Offenses / Crimes under Fla. Stat. 56.15

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 56.15.

Annotations, Discussions, Cases:

Cases Citing Statute 56.15

Total Results: 20

STATE OF FLORIDA v. JASON LUIS DOMENECH

Court: District Court of Appeal of Florida | Date Filed: 2024-05-08

Snippet: See Franks, 438 U.S. at 155–56. 15 In this case the affidavit

First Union v. Goodwin Beach Partnership

Court: District Court of Appeal of Florida | Date Filed: 1994-09-16

Citation: 644 So. 2d 1361, 1994 Fla. App. LEXIS 8865, 1994 WL 501294

Snippet: there were also unpaid taxes for 1991 totalling $56,015.58. Neither tax indebtedness was itemized nor included

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

Court: District Court of Appeal of Florida | Date Filed: 1976-04-05

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

Snippet: effort was made by appellees to comply with F.S. 56.15. That statute provides that upon receipt by the

Smith v. Continental Insurance

Court: District Court of Appeal of Florida | Date Filed: 1973-08-15

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

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

Zell v. Azzarelli Construction Co.

Court: District Court of Appeal of Florida | Date Filed: 1972-11-15

Citation: 269 So. 2d 52

Snippet: 510(e), 31 F.S.A.; 6 Moore, Federal Practice § 56.-15(3). PIERCE, C. J., and HOBSON and MANN, JJ., concur

Firestone v. Time, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1970-01-26

Citation: 231 So. 2d 862

Snippet: issue of material fact. 6 Moore, Federal Practice ¶ 56.15(3). All reasonable inferences are drawn against

Jacobs v. Commercial Bank of Gainesville

Court: District Court of Appeal of Florida | Date Filed: 1969-04-15

Citation: 221 So. 2d 439, 1969 Fla. App. LEXIS 5949

Snippet: 1954); Moore’s Federal Practice 2nd Ed. Vol. 6, Sec. 56.15 [1-0] pp. 2284. WIGGINTON, C. J., CARROLL, DONALD

Turner Produce Co. v. Lake Shore Growers Coop. Ass'n

Court: District Court of Appeal of Florida | Date Filed: 1969-01-14

Citation: 217 So. 2d 856

Snippet: *861 the motion. 6 J. Moore, Federal Practice, ¶ 56.15, at 2337 (2d ed. 1966). The inference upon which

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

Court: District Court of Appeal of Florida | Date Filed: 1966-03-01

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

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

Visingardi v. Tirone

Court: District Court of Appeal of Florida | Date Filed: 1965-08-03

Citation: 178 So. 2d 135

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

Well-Bilt Products, Inc. v. Liechty

Court: District Court of Appeal of Florida | Date Filed: 1964-09-02

Citation: 167 So. 2d 84

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

Settecasi v. Board of Public Instruction

Court: District Court of Appeal of Florida | Date Filed: 1963-10-09

Citation: 156 So. 2d 652

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

Posey v. Pensacola Tractor & Equipment Company

Court: District Court of Appeal of Florida | Date Filed: 1962-03-13

Citation: 138 So. 2d 777

Snippet: 2d 508; 6 Moore's Fed. Practice (2nd Ed.), par. 56.15(3), p. 2123. Appellee takes the position that plaintiff's

Chapman v. Tison

Court: District Court of Appeal of Florida | Date Filed: 1962-02-09

Citation: 137 So. 2d 605

Snippet: quoted 6 Moore's Federal Practice 2d Ed., Para. 56.15(3) which said: "`Since it is not the function of

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

Court: District Court of Appeal of Florida | Date Filed: 1961-01-10

Citation: 125 So. 2d 889

Snippet: 440; Moore's Federal Practice, 2d Ed., Vol. 6, § 56.15(1). [2] Woods v. Robb, 5 Cir., 1948, 171 F.2d 539

Tarkoff v. Schmunk

Court: District Court of Appeal of Florida | Date Filed: 1959-12-18

Citation: 117 So. 2d 442

Snippet: proffered. In 6 Moore's Federal Practice, 2d ed., par. 56.15(3), p. 2123, it is stated: "The courts are in entire

Groner-Youngerman, Inc. v. Denison

Court: District Court of Appeal of Florida | Date Filed: 1959-12-09

Citation: 117 So. 2d 210

Snippet: 915; 6 Moore's Federal Practice (2nd Ed.), par. 56.15(3), p. 2123." (Emphasis added.) We note from the

Ramagli Realty Co. v. Speier

Court: District Court of Appeal of Florida | Date Filed: 1959-03-24

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

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

Buck v. Hardy

Court: District Court of Appeal of Florida | Date Filed: 1958-11-06

Citation: 106 So. 2d 428

Snippet: 915; 6 Moore's Federal Practice (2nd Ed.), par. 56.15(3), p. 2123. The only proof proffered by the defendant

Warring v. Winn-Dixie Stores

Court: District Court of Appeal of Florida | Date Filed: 1958-10-28

Citation: 105 So. 2d 915

Snippet: reverse. 6 Moore's Federal Practice, 2d Ed., par. 56.15(3), p. 2123, in discussing the burden on a hearing