Florida Statutes
Fla. Stat. § 76.01 (2025)
Right to attachment.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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76.01 Right to attachment.—Any creditor may have an attachment at law against the goods and chattels, lands, and tenements of his or her debtor under the circumstances and in the manner hereinafter provided.
Notes of Decisions
Cited in 18
cases, 1965–2014 · leading case: Cerna v. Swiss Bank Corp.(Overseas), SA, 503 So. 2d 1297 (Fla. 3d DCA 1987).
Cerna v. Swiss Bank Corp.(Overseas), SA, 503 So. 2d 1297 (Fla. 3d DCA 1987). “With these factors in mind, we cannot and therefore do not hold that books and records which have no inherent value and are obviously sought only for the purposes of discovery fall within the statutory definition of "goods and chattels, lands and tenements" under section 76.01,…”
Fine v. Fine, 400 So. 2d 1254 (Fla. 5th DCA 1981). “§ 76.01, Fla. Stat. (1979). It further requires allegations that there is some danger that the property will be soon unavailable for levy of execution, or that the debtor is or will be unavailable; no such allegations were made here.”
Frio Ice, SA v. SunFruit, 724 F. Supp. 1373 (S.D. Fla. 1989). “12 (1987). [11] Furthermore, attachment is not the sole remedy that Frio Ice seeks under Florida law.”
Konover Realty Assocs. v. Mladen, 511 So. 2d 705 (Fla. 3d DCA 1987). “§§ 76.01-.32, Fla. Stat. (1985); Leight, 483 So.”
ITT Cmty. Dev. Corp. v. Barton, 457 F. Supp. 224 (M.D. Fla. 1978). “The defendants also moved ore tenus at a hearing before the Court on June 7,1978 to dissolve a writ of attachment on defendants’ real property on the ground that the Florida attachment statute, Section 76.01 et seq., Florida Statutes, is unconstitutional.”
VMI Ent., LLC, a Florida etc. v. Westwood Plaza, LLC, GM etc., 152 So. 3d 617 (Fla. 1st DCA 2014). “Section 76.01, Florida Statutes (2013), provides that “[a]ny creditor may have an attachment at law against the goods and chattels, lands, and tenements of his or her debtor under the circumstances and in the manner hereinafter provided.”
Estudios, Proyectos e Inversiones de Centro Am., S.A. v. Swiss Bank Corp. (Overseas) S.A., 507 So. 2d 1119 (Fla. 3d DCA 1987). “” § 76.01, Fla.Stat. (1985). Consequently, the portion of the trial court’s order denying EPICA’s motion to dissolve the writ of attachment as far as it secures EPICA’s records was erroneous.”
Leight v. Berkman, 483 So. 2d 476 (Fla. 3d DCA 1986). “NOTES [1] Attachment, as authorized by Section 76.01, et. seq., Fla. Stat. (1983), provides the obvious remedy for the potential harm the plaintiffs allegedly fear.”
Papadakos v. Spooner, 186 So. 2d 786 (Fla. 3d DCA 1966). “In § 76.01 Fla. Stat., F.S.A. the Legislature has stated that any creditor may have an attachment at law against the goods, etc.”
Luskin v. Luskin, 616 So. 2d 556 (Fla. 3d DCA 1993). “The Luskins conclude that the rule in Cerna should apply to executions as well because section 76.01, Florida Statutes (1989), which defines the property that is subject to attachment, is precisely the same as section- 56.”
Transportes Aereos Mercantiles Panamericanos, S.A. v. Banco Cafetero, 451 So. 2d 932 (Fla. 3d DCA 1984). “The affidavit which was subsequently incorporated into the motions for the respective writs concluded with the following: WHEREFORE, for the foregoing reasons, plaintiffs motions for a Writ of Attachment and a Writ of Garnishment should be granted forthwith, pursuant to FS §§…”
Papadopoulos v. SIDI, 547 F. Supp. 2d 1262 (S.D. Fla. 2008). “; Fla. Stat. §§ 76.01 et. seq.; Fla. Stat. §§ 77.”
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