Florida Statutes

Fla. Stat. § 76.03 (2025)

Courts from which attachments shall issue.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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76.03 Courts from which attachments shall issue.—Attachments shall be issued by a judge of the court which has jurisdiction of the amount claimed by the creditor, but if the property to be attached is being actually removed from the state and the creditor is unable to obtain process from the proper court in time to prevent such removal, any judge may issue the writ, making it returnable to the proper court and immediately sending all papers in the action to the clerk of the court to which the writ is returnable.

History.—s. 2, Feb. 15, 1834; s. 1, ch. 250, 1849; RS 1636; GS 2100; RGS 3401; CGL 5254; s. 26, ch. 67-254; s. 15, ch. 73-334; s. 1, ch. 78-38.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1980–2025 · leading case: Florida Bar, 391 So. 2d 165 (Fla. 1980).

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Florida Bar, 391 So. 2d 165 (Fla. 1980). · cites it 4× “A writ of attachment must now be issued by a judge under section 76.03, Florida Statutes (1979). FORM 1.”

In Re Amendments to Fla. Rules Civ. Proc., 604 So. 2d 1110 (Fla. 1992). · cites it 4× “A writ of attachment must now be issued by a judge under section 76.03, Florida Statutes (1979). FORM 1.”

Amendments to the Florida Rules of Civil Procedure, 773 So. 2d 1098 (Fla. 2000). · cites it 4× “A writ of attachment must now be issued by a judge under section 76.03, Florida Statutes (1979). FORM 1.”

Amendments to the Florida Rules of Civil Procedure, 858 So. 2d 1013 (Fla. 2003). · cites it 2× “A writ of attachment must now be issued by a judge under section 76.03, Florida Statutes (1979). FORM 1.”

New Venture of Destin, LLC, Becnel v. Silver Shells Prop. Owners Ass'n, Inc., Korfonta (Fla. 1st DCA 2025). “§§ 76.03, 76.08, Fla. Stat. (prejudgment writ of attachment); § 77.”

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