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The 2025 Florida Statutes
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F.S. 71.01171.011 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.
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Annotations, Discussions, Cases:
Cases Citing Statute 71.011
Total Results: 16
9 So. 3d 1258, 29 I.E.R. Cas. (BNA) 633, 2009 Fla. App. LEXIS 3459, 2009 WL 1097261
District Court of Appeal of Florida | Filed: Apr 24, 2009 | Docket: 2518682
Cited 17 times | Published
written instrument in the manner authorized by section 71.011, Florida Statutes (2008), the failure to do
862 So. 2d 793, 2003 WL 22799148
District Court of Appeal of Florida | Filed: Nov 26, 2003 | Docket: 1762577
Cited 10 times | Published
then sue upon the reestablished instrument. See § 71.011, Fla. Stat. (2003). Instruments that may be reestablished
991 So. 2d 1037, 2008 WL 4568031
District Court of Appeal of Florida | Filed: Oct 15, 2008 | Docket: 2525768
Cited 9 times | Published
that the note was re-established pursuant to section 71.011. The final judgment, however, was in favor
851 So. 2d 790, 2003 WL 21697417
District Court of Appeal of Florida | Filed: Jul 23, 2003 | Docket: 1691480
Cited 7 times | Published
establish the promissory note and mortgage under section 71.011, Florida Statutes. State Street alleged that
435 So. 2d 396, 1983 Fla. App. LEXIS 21757
District Court of Appeal of Florida | Filed: Jul 28, 1983 | Docket: 1328500
Cited 5 times | Published
sellers seek to reestablish those documents under section 71.011, Florida Statutes (1981). Count three alleges
912 So. 2d 357, 2005 WL 2446237
District Court of Appeal of Florida | Filed: Oct 5, 2005 | Docket: 1755600
Cited 3 times | Published
trial court re-established the note pursuant to section 71.011, Florida Statutes.
Further, although an assignment
727 So. 2d 283, 1999 WL 69575
District Court of Appeal of Florida | Filed: Feb 10, 1999 | Docket: 1730044
Cited 3 times | Published
lost. He argues that his proof complied with section 71.011, Florida Statutes (1995), which provides for
710 So. 2d 654, 1998 WL 187373
District Court of Appeal of Florida | Filed: Apr 22, 1998 | Docket: 1444464
Cited 3 times | Published
essential terms as is generally required by section 71.011(5), Florida Statutes (1997).[1] Whether the
264 So. 3d 249
District Court of Appeal of Florida | Filed: Jan 10, 2019 | Docket: 8488328
Cited 1 times | Published
document under
section 71.011, Florida Statutes. Unlike section 673.3091, section
71.011 does create a
673 So. 2d 578, 1996 WL 271592
District Court of Appeal of Florida | Filed: May 22, 1996 | Docket: 138946
Cited 1 times | Published
appellee on his action brought pursuant to section 71.011, Florida Statutes (1993) for the reestablishment
198 So. 3d 1002, 2016 Fla. App. LEXIS 12137, 2016 WL 4239815
District Court of Appeal of Florida | Filed: Aug 11, 2016 | Docket: 4120642
Published
reestablishment standards for a lost note. Instead, section 71.011, Florida Statutes (2014), entitled “Reestablishment
683 So. 2d 524, 1996 Fla. App. LEXIS 8378, 1996 WL 460721
District Court of Appeal of Florida | Filed: Aug 14, 1996 | Docket: 64769326
Published
evidentiary hearing if there is a factual dispute. See § 71.011(5), Fla.Stat.
The long-standing public policy
677 So. 2d 970, 12 I.E.R. Cas. (BNA) 158, 1996 Fla. App. LEXIS 8232, 1996 WL 441570
District Court of Appeal of Florida | Filed: Aug 7, 1996 | Docket: 64766492
Published
executed by Feld-*971man and Saavedra pursuant to section 71.011(4), Florida Statutes (1995) because the originally
599 So. 2d 271, 19 U.C.C. Rep. Serv. 2d (West) 826, 1992 Fla. App. LEXIS 6026, 1992 WL 111379
District Court of Appeal of Florida | Filed: May 29, 1992 | Docket: 64667571
Published
reestablish the note in a separate action under section 71.011, Florida Statutes, as a condition precedent
484 So. 2d 1382, 11 Fla. L. Weekly 699, 1986 Fla. App. LEXIS 6962
District Court of Appeal of Florida | Filed: Mar 20, 1986 | Docket: 64618043
Published
from the case before us because in Jarvis, section 71.011(2), the statute relied on by the appellant
267 So. 2d 696, 1972 Fla. App. LEXIS 6192
District Court of Appeal of Florida | Filed: Oct 11, 1972 | Docket: 64528069
Published
Acting C. J., and McNULTY, J., concur.
. Fla.Stat. § 71.011, F.S.A.
