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The 2025 Florida Statutes
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F.S. 56.1856.18 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.
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Annotations, Discussions, Cases:
Cases Citing Statute 56.18
Total Results: 6
727 F.3d 1127, 2013 WL 4463006, 2013 U.S. App. LEXIS 17580
Court of Appeals for the Eleventh Circuit | Filed: Aug 22, 2013 | Docket: 919372
Cited 20 times | Published
“to try the right of property.”
Id.
§ 56.18. Contrary to the Estate’s assertion, under section
498 So. 2d 984
District Court of Appeal of Florida | Filed: Dec 3, 1986 | Docket: 1699831
Cited 7 times | Published
ground that the statutory remedy provided in section 56.18 furnishes plaintiff the "total" remedy for damages
522 So. 2d 1058, 13 Fla. L. Weekly 894, 1988 Fla. App. LEXIS 1452, 1988 WL 31729
District Court of Appeal of Florida | Filed: Apr 7, 1988 | Docket: 64633894
Published
value of the automobile in accordance with Section 56.-18’s provision: “If the verdict is in favor of
498 So. 2d 984, 11 Fla. L. Weekly 2550, 1986 Fla. App. LEXIS 11257
District Court of Appeal of Florida | Filed: Dec 3, 1986 | Docket: 64623654
Published
ground that the statutory remedy provided in section 56.18 furnishes plaintiff the “total” remedy for damages
343 So. 2d 640, 1977 Fla. App. LEXIS 15103
District Court of Appeal of Florida | Filed: Feb 18, 1977 | Docket: 64557601
Published
which it issued with the affidavit and bond. Section 56.18, Florida Statutes (1976), provides that as soon
200 So. 2d 261, 1967 Fla. App. LEXIS 4968
District Court of Appeal of Florida | Filed: Jun 20, 1967 | Docket: 64501292
Published
li-censor and licensee. 23 Fla.Jur., Negligence, § 56; 18 Fla.Law & Practice, Negligence, § 11. And this