Florida Statute 71.011 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 71
REESTABLISHMENT OF DOCUMENTS

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F.S. 71.011

71.011 Reestablishment of papers, records, and files.—All papers, written or printed, of any kind whatsoever, and the records and files of any official, court or public office, may be reestablished in the manner hereinafter provided.

(1) WHO MAY REESTABLISH.—Any person interested in the paper, file or record to be reestablished may reestablish it.

(2) VENUE.—If reestablishment is sought of a record or file, venue is in the county where the record or file existed before its loss or destruction. If it is a private paper, venue is in the county where any person affected thereby lives or if such persons are nonresidents of the state, then in any county in which the person seeking the reestablishment desires.

(3) REMEDY CONCURRENT.—Nothing herein shall prevent the reestablishment of lost papers, records and files at common law or in equity in the usual manner.

(4) EFFECT.—

(a) Any paper, record or file reestablished has the effect of the original. A private paper has such effect immediately on recording the judgment reestablishing it, but a reestablished record does not have that effect until recorded and a reestablished paper or file of any official, court or public officer does not have that effect until a certified copy is filed with the official or in the court or public office where the original belonged. A certified copy of any reestablished paper, the original of which is required or authorized by law to be recorded, may be recorded.

(b) When any deed forming a link in a chain of title to land in this state has been placed on the proper record without having been acknowledged or proven for record and has thereafter been lost or destroyed, certified copies of the record of the deed as so recorded may be received as evidence to reestablish the deed if the deed has been so recorded for 20 years.

(5) COMPLAINT.—A person desiring to establish any paper, record or file, except when otherwise provided, shall file a complaint in chancery setting forth that the paper, record or file has been lost or destroyed and is not in the custody or control of the petitioner, the time and manner of loss or destruction, that a copy attached is a substantial copy of that lost or destroyed, that the persons named in the complaint are the only persons known to plaintiff who are interested for or against such reestablishment.

History.—s. 5, Nov. 21, 1829; s. 12, ch. 1369, 1862; s. 2, ch. 3019, 1877; RS 1523-1527, 1533; s. 1, ch. 5162, 1903; GS 1978-1982, 1997; RGS 3246-3250, 3265; CGL 5054-5058, 5073; s. 7, ch. 22858, 1945; s. 24, ch. 67-254.

Note.—Former ss. 71.01-71.06.

F.S. 71.011 on Google Scholar

F.S. 71.011 on Casetext

Amendments to 71.011

Arrestable Offenses / Crimes under Fla. Stat. 71.011

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 71.011.

Annotations, Discussions, Cases:

Cases Citing Statute 71.011

Total Results: 20

Connie L. Mielke and Blair C. Mielke v. Deutsche Bank National Trust Company, etc.

Court: District Court of Appeal of Florida | Date Filed: 2019-01-10

Citation: 264 So. 3d 249

Snippet: document under section 71.011, Florida Statutes. Unlike section 673.3091, section 71.011 does create a standalone

Brian and Cynthia Poag v. Nationstar Mortgage, LLC

Court: District Court of Appeal of Florida | Date Filed: 2016-08-11

Citation: 198 So. 3d 1002, 2016 Fla. App. LEXIS 12137, 2016 WL 4239815

Snippet: reestablishment standards for a lost note. Instead, section 71.011, Florida Statutes (2014), entitled “Reestablishment

Diaz v. Lopez

Court: District Court of Appeal of Florida | Date Filed: 2015-04-28

Citation: 167 So. 3d 455, 2015 Fla. App. LEXIS 6206, 2015 WL 1930318

Snippet: were not invoked below. Fla. R. Civ. P. 1.071. 11 . Mayor Wayne Slaton & Town

ENVIRONMENTAL SERVICES, INC. v. Carter

Court: District Court of Appeal of Florida | Date Filed: 2009-04-24

Citation: 9 So. 3d 1258, 29 I.E.R. Cas. (BNA) 633, 2009 Fla. App. LEXIS 3459, 2009 WL 1097261

Snippet: instrument in the manner authorized by section 71.011, Florida Statutes (2008), the failure to do so

Mortgage Electronic Registration Systems, Inc. v. Badra

Court: District Court of Appeal of Florida | Date Filed: 2008-10-15

Citation: 991 So. 2d 1037, 2008 WL 4568031

Snippet: the note was re-established pursuant to section 71.011. The final judgment, however, was in favor of the

Glynn v. First Union Nat. Bank

Court: District Court of Appeal of Florida | Date Filed: 2005-10-05

Citation: 912 So. 2d 357, 2005 WL 2446237

Snippet: court re-established the note pursuant to section 71.011, Florida Statutes. Further, although an assignment

Lawyers Title Ins. Co., Inc. v. Novastar Mortg., Inc.

Court: District Court of Appeal of Florida | Date Filed: 2003-11-26

Citation: 862 So. 2d 793, 2003 WL 22799148

Snippet: then sue upon the reestablished instrument. See § 71.011, Fla. Stat. (2003). Instruments that may be reestablished

State Street Bank and Trust Co. v. Lord

Court: District Court of Appeal of Florida | Date Filed: 2003-07-23

Citation: 851 So. 2d 790, 2003 WL 21697417

Snippet: the promissory note and mortgage under section 71.011, Florida Statutes. State Street alleged that Hartley

Randolph v. State

Court: Supreme Court of Florida | Date Filed: 2003-04-24

Citation: 853 So. 2d 1051, 2003 WL 1922772

Snippet: "Howard Pearl" claims. Teffeteller, 676 So.2d at 370-71. [11] In fact, the court granted a number of continuances

Mason v. Rubin

Court: District Court of Appeal of Florida | Date Filed: 1999-02-10

Citation: 727 So. 2d 283, 1999 WL 69575

Snippet: He argues that his proof complied with section 71.011, Florida Statutes (1995), which provides for establishing

O'Donovan v. Citibank

Court: District Court of Appeal of Florida | Date Filed: 1998-04-22

Citation: 710 So. 2d 654

Snippet: essential terms as is generally required by section 71.011(5), Florida Statutes (1997).[1] Whether the appellee's

State v. Hellmond

Court: District Court of Appeal of Florida | Date Filed: 1996-08-14

Citation: 683 So. 2d 524, 1996 Fla. App. LEXIS 8378, 1996 WL 460721

Snippet: considerable antiquity also address the point. See §§ 71.011(5), 71.031, Fla.Stat. (1995).1 The state filed

Carlsen & Co. v. Feldman

Court: District Court of Appeal of Florida | Date Filed: 1996-08-07

Citation: 677 So. 2d 970, 12 I.E.R. Cas. (BNA) 158, 1996 Fla. App. LEXIS 8232, 1996 WL 441570

Snippet: by Feld-*971man and Saavedra pursuant to section 71.011(4), Florida Statutes (1995) because the originally

Cardet v. Rodriguez

Court: District Court of Appeal of Florida | Date Filed: 1996-05-22

Citation: 673 So. 2d 578, 1996 WL 271592

Snippet: appellee on his action brought pursuant to section 71.011, Florida Statutes (1993) for the reestablishment

Dunn v. Willis

Court: District Court of Appeal of Florida | Date Filed: 1992-05-29

Citation: 599 So. 2d 271, 19 U.C.C. Rep. Serv. 2d (West) 826, 1992 Fla. App. LEXIS 6026, 1992 WL 111379

Snippet: reestablish the note in a separate action under section 71.011, Florida Statutes, as a condition precedent to

Harvey v. Mattes

Court: District Court of Appeal of Florida | Date Filed: 1986-03-20

Citation: 484 So. 2d 1382, 11 Fla. L. Weekly 699, 1986 Fla. App. LEXIS 6962

Snippet: from the case before us because in Jarvis, section 71.011(2), the statute relied on by the appellant, did

Fay v. Mincey

Court: District Court of Appeal of Florida | Date Filed: 1984-06-27

Citation: 454 So. 2d 587

Snippet: admitted thermograms into evidence. 19 Trial at 71. [11] This particular article notes without citation

Crescent Beach, Inc. v. Jarvis

Court: District Court of Appeal of Florida | Date Filed: 1983-07-28

Citation: 435 So. 2d 396, 1983 Fla. App. LEXIS 21757

Snippet: seek to reestablish those documents under section 71.011, Florida Statutes (1981). Count three alleges the

Ago

Court: Florida Attorney General Reports | Date Filed: 1979-07-02

Snippet: above-referenced question in the affirmative in AGO 071-11. Cf. AGO 070-174, concluding that, when the savings

Shores v. First Florida Resource Corp.

Court: District Court of Appeal of Florida | Date Filed: 1972-10-11

Citation: 267 So. 2d 696, 1972 Fla. App. LEXIS 6192

Snippet: C. J., and McNULTY, J., concur. . Fla.Stat. § 71.011, F.S.A.