56.17
Executions; duty of officer on claim of third person being filed.
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56.17 Executions; duty of officer on claim of third person being filed.—On receipt of the bond and affidavit the officer shall deliver the property to the claimant and desist from any further proceedings under the execution until the right of property is tried. The officer shall return the execution to the court from which it issued with the affidavit and bond.
History.—ss. 9, 10, Feb. 17, 1833; RS 1198; GS 1627; RGS 2831; CGL 4518; s. 11, ch. 67-254; s. 303, ch. 95-147.
Note.—Former s. 55.40.
Notes of Decisions
Cited in 7
cases, 1958–1978 · leading case: Warring v. Winn-Dixie Stores
Warring v. Winn-Dixie Stores (1958)
“6 Moore's Federal Practice, § 56.17(42) p. 2232." (Italics supplied.) Motion for directed verdict and motion for summary judgment, compared: Both motions give rise to questions of law.”
Emile v. First National Bank of Miami (1961)
“2d 20 ; 6 Moore's Federal Practice, § 56.17(4), pp. 2177-78 (2nd ed. 1953). The appellee cited and relied on MacGregor v.”
Lab v. Hall (1967)
“Some material issues which the record has failed to negate are, for example, as to the defendant doctor, whether he exercised the ordinary skill, means and methods that are recognized as necessary when he gave the deceased the pitocin drug to induce labor without obtaining an…”
Budget Landscape Nursery, Inc. v. McMillin Investors New York Corp. (1977)
“Thereafter, pursuant to Section 56.17, Florida Statutes (1976), the officer delivers the property to the claimant, desists from proceeding under the execution, and returns the execution to the court from which it issued with the affidavit and bond.”
Jones v. Crews (1967)
“It is only when negligent acts on the part of the plaintiff have a direct and proximate causal relation or contribute in some appreciable degree to the injury that recovery is precluded.”
Lex Tex Ltd. v. ARCT, Inc. (1978)
“Moore, FEDERAL PRACTICE § 56.17[11] (2d ed.1976).”
Dubov ex rel. Dubov v. Ropes (1960)
“6 Moore’s Federal Practice, § 56.17(42), p. 2232.” Roucher v. Traders & General Insurance Company, 5 Cir.”
— 56.17(4) — 1 case
Emile v. First National Bank of Miami (1961)
“2d 20 ; 6 Moore's Federal Practice, § 56.17(4), pp. 2177-78 (2nd ed. 1953). The appellee cited and relied on MacGregor v.”
— 56.17(42) — 2 cases
Warring v. Winn-Dixie Stores (1958)
“6 Moore's Federal Practice, § 56.17(42) p. 2232." (Italics supplied.) Motion for directed verdict and motion for summary judgment, compared: Both motions give rise to questions of law.”
Dubov ex rel. Dubov v. Ropes (1960)
“6 Moore’s Federal Practice, § 56.17(42), p. 2232.” Roucher v. Traders & General Insurance Company, 5 Cir.”
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