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: Fla. Dist. Ct. App. | Date Filed: 2019-01-09T23:53:00-08:00

Snippet: document under section 71.011, Florida Statutes. Unlike section 673.3091, section 71.011 does create a standalone…interested for or against such reestablishment. § 71.011(5), Fla. Stat. This statute does not merely acknowledge…it. Deutsche Bank did not rely on section 71.011 in its foreclosure complaint. The complaint simply

ADRIANNE NOLDEN v. SUMMIT FINANCIAL CORP.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-04-25T00:53:00-07:00

Snippet: 2,500.00 is 27.810 % $ 8,163.71 $ 11,883.01 $ 20,046.72 $ 22,546.72…by section 520.08(1)(d): $8163.71 ÷ $11,883.01 = $16.48/year

Nolden v. Summit Fin. Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-04-25T00:00:00-07:00

Citation: 244 So. 3d 322

Snippet: $ 2,500.00 is ______________ 27.810 % $ 8,163.71 $ 11,883.01 $ 20,046.72 $ 22,546.72 -------------- -…per year allowed by section 520.08(1)(d) : $8163.71 ÷ $11,883.01 = $16.48/year 4.17 years $100

Brian and Cynthia Poag v. Nationstar Mortgage, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2016-08-11T00:00:00-07:00

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…problem is that Nationstar did not rely on section 71.011 in the trial court proceedings and raised the statute… of whether section 673.3091 displaces- section 71.011 as to the standards for reestablishing a note is…contains more stringent requirements than [section 71.011].”) (emphasis added). The contrary argument is …reestablished under the plain language of section 71.011, ■ but that its enforcement is governed by section

Diaz v. Lopez

Court: Fla. Dist. Ct. App. | Date Filed: 2015-04-28T00:00:00-07:00

Citation: 167 So. 3d 455

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

ENVIRONMENTAL SERVICES, INC. v. Carter

Court: Fla. Dist. Ct. App. | Date Filed: 2009-04-24T00:00:00-07:00

Citation: 9 So. 3d 1258

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: Fla. Dist. Ct. App. | Date Filed: 2008-10-15T00:53:00-07:00

Citation: 991 So. 2d 1037

Snippet: the note was re-established pursuant to section 71.011. The final judgment, however, was in favor of the…earlier foreclosures, the mortgagee relied on section 71.011 in seeking to re-establish the note. We conclude…was re-establishing the note pursuant to section 71.011, Florida Statutes, rather than the statutory section

Glynn v. First Union Nat. Bank

Court: Fla. Dist. Ct. App. | Date Filed: 2005-10-05T00:53:00-07:00

Citation: 912 So. 2d 357

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: Fla. Dist. Ct. App. | Date Filed: 2003-11-25T23:53:00-08:00

Citation: 862 So. 2d 793

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: Fla. Dist. Ct. App. | Date Filed: 2003-07-23T00:53:00-07:00

Citation: 851 So. 2d 790

Snippet: the promissory note and mortgage under section 71.011, Florida Statutes. State Street alleged that Hartley… the terms of the promissory note under section 71.011(5). Although it appears that O'Donovan permits…re-established, the Third District applied section 71.011 governing enforcement of lost papers, records,

Randolph v. State

Court: Fla. | Date Filed: 2003-04-24T00:53:00-07:00

Citation: 853 So. 2d 1051

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

Mason v. Rubin

Court: Fla. Dist. Ct. App. | Date Filed: 1999-02-09T23:53:00-08:00

Citation: 727 So. 2d 283

Snippet: He argues that his proof complied with section 71.011, Florida Statutes (1995), which provides for establishing…establishing lost papers, records or files. Section 71.011 controls the establishment of lost documents "

O'Donovan v. Citibank

Court: Fla. Dist. Ct. App. | Date Filed: 1998-04-22T00:53:00-07:00

Citation: 710 So. 2d 654

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

State v. Hellmond

Court: Fla. Dist. Ct. App. | Date Filed: 1996-08-14T00:00:00-07:00

Citation: 683 So. 2d 524

Snippet: considerable antiquity also address the point. See §§ 71.011(5), 71.031, Fla.Stat. (1995).1 The state filed …motion to reestablish the record, citing sections 71.011 and 71.031, Florida Statutes. The procedure followed…set forth the information specified by subsection 71.011(5), including the date of filing of the information…history. In response, the state unearthed sections 71.011 and 71.031, Florida Statutes, and filed its motion…evidentiary hearing if there is a factual dispute. See § 71.011(5), Fla.Stat. The long-standing public policy of

Carlsen & Co. v. Feldman

Court: Fla. Dist. Ct. App. | Date Filed: 1996-08-07T00:00:00-07:00

Citation: 677 So. 2d 970

Snippet: by Feld-*971man and Saavedra pursuant to section 71.011(4), Florida Statutes (1995) because the originally…documents. In other words, the court construed section 71.011 to mean that the reestablishment of the lost document… master’s report. This appeal followed. Section 71.011(4) provides in relevant part that: (a) Any paper…with Carlsen that the plain language of section 71.011(4)(a) states only that upon the recording of a

Cardet v. Rodriguez

Court: Fla. Dist. Ct. App. | Date Filed: 1996-05-22T00:53:00-07:00

Citation: 673 So. 2d 578

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

Dunn v. Willis

Court: Fla. Dist. Ct. App. | Date Filed: 1992-05-29T00:00:00-07:00

Citation: 599 So. 2d 271

Snippet: that because section 71.011 and section 673.804 are in conflict and section 71.-011 was enacted after section…reestablish the note in a separate action under section 71.011, Florida Statutes, as a condition precedent to … section 673.804, therefore section 71.011 prevailed over section 673.804. At trial1 the trial judge ruled…stolen instrument in a separate action under section 71.011, Florida Statutes. AFFIRMED. DAUKSCH and PETERSON

Harvey v. Mattes

Court: Fla. Dist. Ct. App. | Date Filed: 1986-03-20T00:00:00-08:00

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… was arguably one of the counties where section 71.011(2) permitted the action to be filed. In the case

Fay v. Mincey

Court: Fla. Dist. Ct. App. | Date Filed: 1984-06-27T00:53:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 1983-07-28T00:53:00-07:00

Citation: 435 So. 2d 396

Snippet: seek to reestablish those documents under section 71.011, Florida Statutes (1981). Count three alleges the…appeals the denial of its motion. We affirm. Section 71.011(2), Florida Statutes (1981), provides that when