Florida Statute 56.18 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 56
FINAL PROCESS

View Entire Chapter

F.S. 56.18

56.18 Executions; trial of claims of third persons.—As soon as possible after the return, or after service of a Notice to Appear pursuant to s. 56.29(2), a jury, if not waived, shall be impaneled to try the right of property. If the verdict is in favor of the judgment creditor and it appears that the claim brought pursuant to s. 56.16 was interposed for delay, the judgment creditor may be awarded reasonable damages, not exceeding 20 percent of the value of the property claimed. If the claimant denies in writing under oath filed at least 3 days before the trial, the correctness of the appraisement of the value of the property by the officer levying the execution, and the verdict is in favor of the judgment creditor, the jury if not waived, shall fix the value of each item thereof, or of the items covered by such denial.

History.—s. 10, Feb. 17, 1833; RS 1199; GS 1628; RGS 2832; CGL 4519; s. 11, ch. 67-254; s. 11, ch. 2016-33.

Note.—Former s. 55.41.

F.S. 56.18 on Google Scholar

F.S. 56.18 on Casetext

Amendments to 56.18

Arrestable Offenses / Crimes under Fla. Stat. 56.18

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 56.18.

Annotations, Discussions, Cases:

Cases Citing Statute 56.18

Total Results: 11

JOHN G. MCGREGOR v. FOWLER WHITE BURNETT, P.A.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-11-30T23:53:00-08:00

Snippet: has retained the property, subject to ss. 56.18 and 56.19 and applicable principles of equity, and

FREDERICK LONGO v. ASSOCIATED LIMOUSINE SERVICES, INC. and LIMOUSINE MANAGEMENT, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-01-23T23:53:00-08:00

Snippet: a right to a jury trial as provided in s. 56.18. . . . A responding affidavit must raise any

Boyd v. Panama City Boat Yard, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1988-04-07T00:00:00-07:00

Citation: 522 So. 2d 1058, 13 Fla. L. Weekly 894, 1988 Fla. App. LEXIS 1452, 1988 WL 31729

Snippet: proceeding held pursuant to Sections 56.16 through 56.18, Florida Statutes, which provide for resolution …value of the automobile in accordance with Section 56.-18’s provision: “If the verdict is in favor of plaintiff

Law Offices of Harold Silver, P.A. v. Farmers Bank & Trust Co. of Kentucky

Court: Fla. Dist. Ct. App. | Date Filed: 1986-12-03T00:00:00-08:00

Citation: 498 So. 2d 984, 11 Fla. L. Weekly 2550, 1986 Fla. App. LEXIS 11257

Snippet: the procedure set out in Sections 56.16 through 56.18, Florida Statutes, a hearing was conducted on the…ground that the statutory remedy provided in section 56.18 furnishes plaintiff the “total” remedy for damages…the instant cause, and in concluding that section 56.18 provides the exclusive statutory remedy for damages…whether the remedy provided to plaintiff by section 56.18 supersedes the remedy furnished to him by malicious…1st DCA 1957). The relevant language in section 56.18 provides: “If the verdict is in favor of plaintiff

Harold Silver, PA v. FARMERS B & T.

Court: Fla. Dist. Ct. App. | Date Filed: 1986-12-02T23:53:00-08:00

Citation: 498 So. 2d 984

Snippet: the procedure set out in Sections 56.16 through 56.18, Florida Statutes, a hearing was conducted on the…ground that the statutory remedy provided in section 56.18 furnishes plaintiff the "total" remedy…the instant cause, and in concluding that section 56.18 provides the exclusive statutory remedy for damages…whether the remedy provided to plaintiff by section 56.18 supersedes the remedy furnished to him by malicious…1st DCA 1957). The relevant language in section 56.18 provides: "If the verdict is in favor of plaintiff

Budget Landscape Nursery, Inc. v. McMillin Investors New York Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1977-02-18T00:00:00-08:00

Citation: 343 So. 2d 640, 1977 Fla. App. LEXIS 15103

Snippet: it issued with the affidavit and bond. Section 56.18, Florida Statutes (1976), provides that as soon

Department of Revenue v. Golder

Court: Fla. | Date Filed: 1975-11-23T23:53:00-08:00

Citation: 322 So. 2d 1

Snippet: quot; House Rep.No. 93-1453, supra at pp. 6355-56. [18] Laird v. Tatum, 409 U.S. 824, 838-39, 93 S.Ct

Gale ex rel. Gale v. Tuerk

Court: Fla. Dist. Ct. App. | Date Filed: 1967-06-20T00:00:00-07:00

Citation: 200 So. 2d 261, 1967 Fla. App. LEXIS 4968

Snippet: li-censor and licensee. 23 Fla.Jur., Negligence, § 56; 18 Fla.Law & Practice, Negligence, § 11. And this

Tampa Transit Lines, Inc. v. Smith

Court: Fla. Dist. Ct. App. | Date Filed: 1963-08-02T00:53:00-07:00

Citation: 155 So. 2d 557

Snippet: Kearney v. Massman Construction Co., 1945, 247 Wis. 56, 18 N.W.2d 481, medical witnesses could find no objective

City of Tarpon Springs v. Smith

Court: Fla. | Date Filed: 1921-04-07T00:00:00-08:00

Citation: 81 Fla. 479, 88 So. 613

Snippet: the lots are numbered 1, 2 and 3. Lot 1 contains 56.18 acres; Lot 2, 48.63 acres, and Lot 3, 51.80 acres

Mote v. Morton

Court: Fla. | Date Filed: 1906-06-15T00:00:00-08:00

Citation: 52 Fla. 548

Snippet: beginning with Exhibit No. 12...................$ 56.18 Exhibit No. 13, account of Dilday...............