Florida Statute 76.12 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 76
ATTACHMENT

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F.S. 76.12

76.12 Attachment bond.—No attachment shall issue until the person applying for it, the person’s agent or attorney, makes a bond with surety to be approved by the clerk payable to defendant in at least double the debt demanded conditioned to pay all costs and damages which defendant sustains in consequence of plaintiff’s improperly suing out the attachment. In foreclosure of a mortgage on personal property if the motion states that the property or part of it has been disposed of without the consent of the party holding the mortgage and that plaintiff does not know who has the property or part of it, the bond shall be made payable to the state for the use and benefit of all parties interested, conditioned to pay all costs and damages which are sustained in consequence of plaintiff’s improperly suing out the attachment. Any party aggrieved may sue on the bond but the state is not liable for any costs, damages, or expenses that are incurred. Any bond in attachment is not void as against the obligors, nor are they discharged therefrom on account of any informality, although the attachment is dissolved because of the informality.

History.—s. 10, Feb. 15, 1834; RS 1646; GS 2110; RGS 3411; s. 2, ch. 8477, 1921; CGL 5264; s. 26, ch. 67-254; s. 375, ch. 95-147.

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Amendments to 76.12

Arrestable Offenses / Crimes under Fla. Stat. 76.12

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 76.12.

Annotations, Discussions, Cases:

Cases Citing Statute 76.12

Total Results: 20

Richard Allen Johnson v. Michael D. Crews, etc.

Court: Supreme Court of Florida | Date Filed: 2014-01-09

Snippet: issue on direct appeal. Walls, 926 So. 2d at 1175-76. 12 The record also does not support Johnson’s

Richard Allen Johnson v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2014-01-09

Citation: 135 So. 3d 1002

Snippet: appeal. Walls, 926 So.2d at 1175-76. 12 The record also does not support Johnson’s

General Electric Co. v. Chuly International, LLC

Court: District Court of Appeal of Florida | Date Filed: 2013-08-07

Citation: 118 So. 3d 325, 2013 WL 4007280, 2013 Fla. App. LEXIS 12334

Snippet: amount of the debt sought against Chuly. See § 76.12, Fla. Stat. (2013). GE amply demonstrated, by competent

Trepanier v. County of Volusia

Court: District Court of Appeal of Florida | Date Filed: 2007-09-14

Citation: 965 So. 2d 276, 2007 WL 2682133

Snippet: use of the owner's property was adverse. Id. at 76. [12] Black's Law Dictionary 132 (7th ed.1999) defines

ANIMAL RIGHTS FOUNDATION OF FL., INC. v. Siegel

Court: District Court of Appeal of Florida | Date Filed: 2004-02-06

Citation: 867 So. 2d 451, 2004 WL 223582

Snippet: subdivision in which SIEGEL and his family reside. (T. 76). 12. On each of the foregoing occasions the FOUNDATION

Freeman v. State

Court: Supreme Court of Florida | Date Filed: 2000-06-08

Citation: 761 So. 2d 1055, 2000 WL 728622

Snippet: direct appeal. See Freeman v. State, 563 So.2d at 76.[12] Accordingly, the court was correct in summarily

In Re Amendments to Fla. Rules Civ. Proc.

Court: Supreme Court of Florida | Date Filed: 1992-07-16

Citation: 604 So. 2d 1110, 1992 WL 163953

Snippet: different from the foregoing condition. See Ssection 76.12, Florida Statutes. (b) Costs. ... pay all costs

Jetborne International, Inc. v. Bankatlantic

Court: District Court of Appeal of Florida | Date Filed: 1990-07-31

Citation: 564 So. 2d 610, 1990 Fla. App. LEXIS 5674

Snippet: Fla.Stat. (1989); § 679.504 Fla.Stat. (1989); § 76.12, Fla.Stat. (1989).

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: specific facts (§ 76.08, Fla.Stat.), and bond (§ 76.12, Fla. Stat.). Lis pendens is not appropriate because

Leight v. Berkman

Court: District Court of Appeal of Florida | Date Filed: 1986-02-11

Citation: 483 So. 2d 476, 11 Fla. L. Weekly 423

Snippet: posting a bond for at least twice the claimed debt, § 76.12, which the plaintiffs have not satisfied.

In Re Estate of Carlton

Court: Supreme Court of Florida | Date Filed: 1979-03-08

Citation: 378 So. 2d 1212

Snippet: Standards of Conduct Governing Judges, in its opinion 76-12, stated that a judge need not disqualify himself

Unique Caterers, Inc. v. Rudy's Farm Co.

Court: Supreme Court of Florida | Date Filed: 1976-09-23

Citation: 338 So. 2d 1067, 1976 Fla. LEXIS 4561

Snippet: his property to avoid payment of his debts. [4] 76.12 Attachment bond. No attachment shall issue until

In re Florida Rules of Civil Procedure

Court: Supreme Court of Florida | Date Filed: 1968-06-19

Citation: 211 So. 2d 174, 1968 Fla. LEXIS 2207

Snippet: different from the foregoing condition. See Section 76.12, Florida Statutes. *193(b) Costs * * * pay all costs

Papadakos v. Spooner

Court: District Court of Appeal of Florida | Date Filed: 1966-05-17

Citation: 186 So. 2d 786

Snippet: that it was not enough. [5] Fla. Stat. 1963, § 76.12, F.S.A. [1] Welsh v. Woods, 47 Haw. 252, 386 P

Florida Transportation Co. v. Dixie Sightseeing Tours, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1962-03-27

Citation: 139 So. 2d 175

Snippet: 1012; Steen v. Ross, (1886) 22 Fla. 480. [5] § 76.12, Fla. Stat., F.S.A., requires an adequate bond,

Norman Babel Mortgage Co. v. Golden Heights Land Co.

Court: District Court of Appeal of Florida | Date Filed: 1960-01-25

Citation: 117 So. 2d 205

Snippet: HORTON, C. J., and PEARSON, J., concur. . Section 76.12, Ma.Stat., F.S.A., requires an attachment bond,

Mahood v. Bessemer Properties Incorporated

Court: Supreme Court of Florida | Date Filed: 1944-07-14

Citation: 18 So. 2d 775, 154 Fla. 710, 153 A.L.R. 1199, 1944 Fla. LEXIS 802

Snippet: Jackson, 137 U.S. 245, 34 L.Ed. 659, 11 S.Ct. 76; 12 Am. Jur. 89-90, par. 445; 16 C.J.S. 801, par. 356

Higbee v. Housing Authority of Jacksonville

Court: Supreme Court of Florida | Date Filed: 1940-06-28

Citation: 197 So. 479, 143 Fla. 560

Snippet: rule stated in the title Constitutional Law par. 76 (12 C. J., p. 760, note 57) that the constitutionality

Wilson Cypress Co. v. Logan

Court: Supreme Court of Florida | Date Filed: 1935-06-19

Citation: 162 So. 489, 120 Fla. 124

Snippet: Taunt., 11; 12 John., 300; 13. Ind., 41; 16 John., 76; 12 Pick., 139. As to what is the true state of facts

Sherman v. State

Court: Supreme Court of Florida | Date Filed: 1880-06-15

Citation: 17 Fla. 888

Snippet: already substantially given. (13 Fla., 636; 16 lb., 76; 12 lb., 562.) The statement of the court appearing