CopyCited 15 times | Published | Supreme Court of Florida | 1976 Fla. LEXIS 4561
...Attached to the complaint was a copy of a statement supported by invoices which showed a debt owed to Rudy's Farm by Unique of $1,630.61. Recovery of this amount plus interest was sought in the complaint. At the same time the complaint was filed a Motion for Issuance of a Writ of Attachment was filed [2] pursuant to Section 76.09, Florida Statutes....
...ain 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. [7] 76.09 Motion when debt due....
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Cited as authorityHassen (1995)phrase: "rule_authority"
Cited as authorityGoodman (1992)phrase: "rule_authority"
CopyCited 13 times | Published | Florida 1st District Court of Appeal
...ed by appellants in support of these points. Further reference to these points will therefore be pretermitted. For the foregoing reasons the judgment appealed herein is affirmed. CARROLL, DONALD K., Acting C.J., and RAWLS, J., concur. NOTES [1] F.S. § 76.09, F.S.A....
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CopyCited 6 times | Published | Florida 3rd District Court of Appeal
...easonable fee for personal services. Nevertheless, it is persuasive authority for a holding that a claim of that nature is not a "debt" for which the writ of attachment may be issued. See also Tanner & Delaney Engine Co. v. Hall,
22 Fla. 391 (1886). Section
76.09, Fla....
...d issues presented. The judgment is reversed, and the cause is remanded with directions to dismiss the complaint. Reversed. HENDRY, Chief Judge (concurring specially, dissenting in part). I respectfully disagree with the majority's interpretation of § 76.09 Fla....
...Stat., F.S.A. 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. of his debtor under the circumstances and the manner provided in Chapter 76, Fla. Stat., F.S.A. It is provided in §
76.09, supra, that in cases where the debt is actually due, the "amount of the debt or the sum demanded" shall be stated....
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CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 2013 WL 28255
5505; Tex. Penal Code Ann. § 49.02; Utah Code Ann. § 76-9-701; Model Penal Code § 250.5 (providing a “public
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CopyPublished | District Court, S.D. Florida | 2008 U.S. Dist. LEXIS 106984, 2008 WL 4514372
...Plaintiffs obtained the writ pursuant to Section
76.08 of the Florida Statutes. This section creates a procedure by which a plaintiff may attach the property of a defendant if it appears "from specific facts shown by a verified complaint or a separate affidavit of the plaintiff, and all applicable requirements of s.
76.09, s.
76.10, or s.
76.11 are met." Fla. Stat.
76.08. Plaintiffs' Ex Parte Motion sought attachment based on Section
76.09, which allows a defendant's property to be attached when a "debt is actually due" and where the "movant has reason to believe in the existence of one or more of the special grounds in s....
...The Valerios argue Plaintiffs have failed to establish that a debt is due and have also failed to show any of the special grounds of Section
76.04 to support the writ. Turning first to the question of whether Plaintiffs have met their burden to show a debt is actually due, the Valerios contend Section
76.09 requires the debt at issue to be a liquidated sum....
