Florida Statutes
Fla. Stat. § 56.18 (2025)
Executions; trial of claims of third persons.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 4
cases, 1977–2020 · leading case: Law Offices of Harold Silver, P.A. v. Farmers Bank & Trust Co. of Kentucky, 498 So. 2d 984 (Fla. 1st DCA 1986).
Law Offices of Harold Silver, P.A. v. Farmers Bank & Trust Co. of Kentucky, 498 So. 2d 984 (Fla. 1st DCA 1986). “The case was concluded at the trial level by the lower court’s order granting appellee’s motion for summary judgment, entered on the ground that the statutory remedy provided in section 56.18 furnishes plaintiff the “total” remedy for damages sought against a third party…”
Budget Landscape Nursery, Inc. v. McMillin Investors New York Corp., 343 So. 2d 640 (Fla. 4th DCA 1977). “Section 56.18, Florida Statutes (1976), provides that as soon as possible after the return, a trial shall be held on the issue of ownership obviously in the court from which the execution emanated.”
Kearney Constr. Co., LLC v. Travelers Cas. & Sur. Co. of Am. (M.D. Fla. 2020). “Fla. Stat. §§ 56.18-19 (emphasis added). In the alternative, the Kearneys argue that, even if certain aspects of Travelers’s claims are considered equitable for Seventh Amendment purposes, the legal claims at issue are inextricably intertwined with the equitable claims such that…”
Harold Silver, PA v. FARMERS B & T., 498 So. 2d 984 (Fla. 1st DCA 1986). “The case was concluded at the trial level by the lower court's order granting appellee's motion for summary judgment, entered on the ground that the statutory remedy provided in section 56.18 furnishes plaintiff the "total" remedy for damages sought against a third party…”
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