Florida Statute 76.04 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 76
ATTACHMENT

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F.S. 76.04

76.04 Grounds when debt due.—The creditor may have an attachment on a debt actually due to the creditor by his or her debtor, when the debtor:

(1) Will fraudulently part with the property before judgment can be obtained against him or her.

(2) Is actually removing the property out of the state.

(3) Is about to remove the property out of the state.

(4) Resides out of the state.

(5) Is actually moving himself or herself out of the state.

(6) Is about to move himself or herself out of the state.

(7) Is absconding.

(8) Is concealing himself or herself.

(9) Is secreting the property.

(10) Is fraudulently disposing of the property.

(11) Is actually removing himself or herself beyond the limits of the judicial circuit in which he or she resides.

(12) Is about to remove himself or herself out of the limits of such judicial circuit.

History.—s. 1, ch. 998, 1859; s. 2, ch. 1101, 1861; RS 1637; GS 2101; RGS 3402; CGL 5255; s. 26, ch. 67-254; s. 371, ch. 95-147.

F.S. 76.04 on Google Scholar

F.S. 76.04 on Casetext

Amendments to 76.04

Arrestable Offenses / Crimes under Fla. Stat. 76.04

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 76.04.

Annotations, Discussions, Cases:

Cases Citing Statute 76.04

Total Results: 20

CITY OF PEMBROKE PINES v. CORRECTIONS CORPORATION OF AMERICA, INC.

Court: District Court of Appeal of Florida | Date Filed: 2019-05-29

Citation: 274 So. 3d 1105

Snippet: through its conduct. Id. at 1175–76. 4 .... Applying Allen’s

ANNE OBOLENSKY v. CHATSWORTH AT WELLINGTON GREEN d/b/a NUVISTA LIVING, ETC.

Court: District Court of Appeal of Florida | Date Filed: 2018-02-28

Citation: 240 So. 3d 6

Snippet: punitive damages. Id. at 475-76. 4 In the instant case, the severance

Humana Medical Plan, Inc. v. Reale

Court: District Court of Appeal of Florida | Date Filed: 2015-12-02

Snippet: reimbursement. Pursuant to the formula in section 768.76(4), Florida Statutes, for calculating the amount of

Humana Medical Plan, Inc. v. Reale

Court: District Court of Appeal of Florida | Date Filed: 2015-12-02

Citation: 180 So. 3d 195, 2015 Fla. App. LEXIS 17999, 2015 WL 7740380

Snippet: reimbursement. Pursuant to the formula in section 768.76(4), Florida Statutes, for calculating the amount of

Perez-Riva v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-11-26

Citation: 152 So. 3d 98, 2014 Fla. App. LEXIS 19369, 2014 WL 6675919

Snippet: postconviction relief. Mr. Perez-Riva is serving a 76.4-month prison sentence after a jury convicted him

INGENIX v. Ham

Court: District Court of Appeal of Florida | Date Filed: 2010-05-05

Citation: 35 So. 3d 949, 2010 Fla. App. LEXIS 6150, 2010 WL 1780012

Snippet: in section 768.76(4), Florida Statutes (2008). We must decide whether section 768.76(4) applies to limit

Osler v. Collins

Court: District Court of Appeal of Florida | Date Filed: 2003-11-14

Citation: 870 So. 2d 65, 2003 WL 22681144

Snippet: contains a right of reimbursement, section *68 768.76(4) controls. Under that subsection, a provider's right

Goble v. Frohman

Court: District Court of Appeal of Florida | Date Filed: 2003-06-25

Citation: 848 So. 2d 406, 2003 WL 21458282

Snippet: subrogated by the insurer. See §§ 641.31(8), 768.76(4), Fla. Stat. (1999). Awarding an injured party damages

Frasher v. Fox Distributing of S.W. Florida, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2002-04-05

Citation: 813 So. 2d 1017, 2002 Fla. App. LEXIS 4462, 2002 WL 507167

Snippet: 76.09, 76.10, and 76.11, together with sections 76.04, 76.05, and 76.07, set forth what actions of the

Franqui v. State

Court: Supreme Court of Florida | Date Filed: 2001-10-18

Citation: 804 So. 2d 1185, 2001 WL 1241312

Snippet: Instructions (Criminal Cases), Offense Instruction 76.4 (Eleventh Circuit District Judges Ass'n 1997) (emphasis

Marshall-Shaw v. Ford

Court: District Court of Appeal of Florida | Date Filed: 2000-03-15

Citation: 755 So. 2d 162, 2000 WL 276502

Snippet: tort, citing the provisions of sections 77.02 and 76.04, Florida Statutes, for support. She argues that

Provident Life & Accident Insurance v. Lewis

Court: District Court of Appeal of Florida | Date Filed: 1998-04-01

Citation: 709 So. 2d 587, 1998 Fla. App. LEXIS 3177, 1998 WL 145010

Snippet: calculate what is due to Provident. Section 768.76(4) provides in pertinent part: A provider of collateral

Travelers v. Boyles

Court: District Court of Appeal of Florida | Date Filed: 1996-07-03

Citation: 679 So. 2d 1188, 1996 Fla. App. LEXIS 6892, 1996 WL 366407

Snippet: is not entitled to reimbursement is section 768.76(4), Florida Statutes (1993), which provides in part:

Humana Health Plans v. Lawton

Court: District Court of Appeal of Florida | Date Filed: 1996-05-31

Citation: 675 So. 2d 1382, 1996 Fla. App. LEXIS 5544, 1996 WL 283694

Snippet: accordance with subsection 768.76(4), Florida Statutes. Under subsection 768.76(4), a provider of collateral

Magsipoc v. Larsen

Court: District Court of Appeal of Florida | Date Filed: 1994-07-08

Citation: 639 So. 2d 1038, 1994 WL 324429

Snippet: on these findings the court applied section 768.76(4), Florida Statutes (1991), and prorated a share

Rodriguez v. Banco Indus. De Venezuela, CA

Court: District Court of Appeal of Florida | Date Filed: 1991-03-19

Citation: 576 So. 2d 870, 1991 WL 35356

Snippet: attach the condominium unit pursuant to section 76.04, Florida Statutes (1989). BIV then filed a motion

Williams v. City of Minneola

Court: District Court of Appeal of Florida | Date Filed: 1991-01-31

Citation: 575 So. 2d 683, 1991 Fla. App. LEXIS 711, 1991 WL 9576

Snippet: government and public records. 455 So.2d at 375-76.[4] The goal of greater governmental accountability

CONNECTICUT GEN. LIFE INS. v. Dyess

Court: District Court of Appeal of Florida | Date Filed: 1990-10-11

Citation: 569 So. 2d 1293, 1990 WL 150213

Snippet: the damages from the tortfeasor and Section 768.76(4) would permit reimbursement to the paying health

Hordis Bros., Inc. v. Sentinel Holdings, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1990-04-24

Citation: 562 So. 2d 715, 1990 Fla. App. LEXIS 2867, 1990 WL 49827

Snippet: within the meaning of the attachment statute. See § 76.04(2), (3), Fla. Stat. (1989). The affidavit also recited

Simpson v. Simpson

Court: District Court of Appeal of Florida | Date Filed: 1988-05-12

Citation: 524 So. 2d 1124, 13 Fla. L. Weekly 1160, 1988 Fla. App. LEXIS 1919, 1988 WL 45213

Snippet: Chapter 76, Florida Statutes, relating to grounds (§§ 76.04 and 76.-05, Fla.Stat.), verification of specific