CopyCited 26 times | Published | District Court, S.D. Florida | 1996 U.S. Dist. LEXIS 15101, 1996 WL 582422
...3d Dist.Ct.App. 1987). Tae Il Media has not adequately established its compliance with several procedural thresholds to relief. For example, it has not demonstrated that it has supplied a bond in an amount equal to twice the debt, as required by Fla.Stat. ง 76.12....
...See Frio Ice, S.A. v. SunFruit, Inc.,
724 F.Supp. 1373, 1379-80 (S.D.Fla.1989), rev'd on other grounds,
918 F.2d 154 (11th Cir.1990) (denying request for prejudgment attachment in part because the movant failed to prove compliance with the bond requirement of section
76.12)....
CopyCited 17 times | Published | District Court, S.D. Florida | 1989 WL 134940
...ural due process. [10] For example, this court cannot issue a writ of attachment until plaintiff *1380 posts a bond at least double to the amount demanded that is conditioned to pay defendant's costs and damages if attachment was improper. Fla.Stat. § 76.12 (1987)....
CopyCited 10 times | Published | Florida 3rd District Court of Appeal | 2013 WL 4007280, 2013 Fla. App. LEXIS 12334
...Chuly did not present sufficient evidence to rebut the initial presumption of fraudulent transfer. Further, GE asserted at the hearing that it would provide a bond in the amount of $3,200,000.00, more than twice the amount of the debt sought against Chuly. See § 76.12, Fla....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal
...[4] The contract provided that the attorney would receive a reasonable compensation, the amount of which was to be fixed by the client. The fee had not been refused; in fact, the client had set a fee, but the attorney thought that it was not enough. [5] Fla. Stat. 1963, § 76.12, F.S.A....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 11 Fla. L. Weekly 423
...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. That procedure, however, involves a set of statutory burdens, including posting a bond for at least twice the claimed debt, §
76.12, which the plaintiffs have not satisfied.
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
CopyCited 1 times | Published | United States Bankruptcy Court, M.D. Florida
...ent the party ultimately expects to recover."); 13 Fla. Jur 2d Creditors' Rights § 58 ("[Attachment] authorizes a seizure of the defendant's property at the commencement of suit before there has been a judicial determination as to the liability."). §
76.12, Fla. Stat. (2018) (attachment bond); §
78.068(3), Fla. Stat. (2018) (replevin bond); §
77.031(3), Fla. Stat. (2018) (garnishment bond). §
76.12, Fla....
CopyPublished | Supreme Court of Florida | 1968 Fla. LEXIS 2207
different from the foregoing condition. See Section
76.12, Florida Statutes. *193(b) Costs * * * pay all
CopyPublished | District Court, S.D. Florida | 2008 U.S. Dist. LEXIS 32658, 2008 WL 1803768
...These statutes include provisions, too numerous to summarize here, which provide a variety of limitations and protections during the collection process. For example, Florida Statute section
76.04 limits the circumstances under which a creditor may attach a debtor's property and section
76.12 requires that a writ of attachment not issue "until the person applying for it ......
CopyPublished | District Court of Appeal of Florida
...• The judgment is affirmed in part and reversed in part; .and the cause is remanded for modification of the judgment in the respect pointed out above in discussing appellants’ point No. 3, and upon being so modified and amended the decree will stand affirmed. It is so ordered. HORTON, C. J., and PEARSON, J., concur. . Section 76.12, Ma.Stat., F.S.A., requires an attachment bond, “conditioned to pay all costs and damages which the defendant may sustain in consequence of the plaintiff’s improperly suing out said attachment, * * *.”
