Florida Statute 76.16 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 76
ATTACHMENT

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F.S. 76.16

76.16 Writ; levy in other counties.—

(1) When plaintiff states in a motion for attachment that defendant has real or personal property in some county other than the one in which the action was instituted, a writ of attachment, original or ancillary, shall be issued and delivered to the sheriff of the county where the property is situate. The officer shall execute the writ and hold the property levied on subject to the order of the court from which the writ issued, which court has the power to order the delivery thereof to the sheriff of the county where the action was commenced or order the officer executing the writ to hold and dispose of it in his or her county.

(2) When any real property is levied on under this section, the officer levying the writ shall file a written notice of levy with the clerk of the circuit court for the county in which the property is located, which notice shall contain a description of the property levied on. The record shall be notice to all persons of the levy. If the attachment is dissolved or the action is dismissed, or for any reason the property ceases to be bound by the attachment, on due proof thereof the clerk shall note this on the record of the levy.

History.—s. 2, ch. 3721, 1887; RS 1650; GS 2114; RGS 3415; CGL 5268; s. 26, ch. 67-254; s. 376, ch. 95-147.

F.S. 76.16 on Google Scholar

F.S. 76.16 on Casetext

Amendments to 76.16

Arrestable Offenses / Crimes under Fla. Stat. 76.16

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 76.16.

Annotations, Discussions, Cases:

Cases Citing Statute 76.16

Total Results: 10

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and Florida Family Law Rules of Procedure

Court: Supreme Court of Florida | Date Filed: 2021-10-28

Snippet: attention is directed to Florida Ethics Opinion 76- 16, dated April 4, 1977, for guidance regarding the

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and Florida Family Law Rules of Procedure

Court: Supreme Court of Florida | Date Filed: 2021-10-28

Snippet: attention is directed to Florida Ethics Opinion 76- 16, dated April 4, 1977, for guidance regarding the

In Re: Amendments to the Florida Probate Rules - 2019 Regular-Cycle Report

Court: Supreme Court of Florida | Date Filed: 2019-12-19

Snippet: attention is directed to Florida. Ethics Opinion 76-16, dated April 4, 1977, for guidance regarding the

In Re: Amendments to the Florida Probate Rules - 2019 Regular-Cycle Report

Court: Supreme Court of Florida | Date Filed: 2019-11-14

Snippet: attention is directed to Florida. Ethics Opinion 76-16, dated April 4, 1977, for guidance regarding the

In re Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2005-09-29

Citation: 912 So. 2d 1178, 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258

Snippet: Counsel’s attention is directed to Fla. Ethics Opinion 76-16, dated April 4, 1977, for guidance regarding the

DeRicciulli v. State

Court: District Court of Appeal of Florida | Date Filed: 1992-01-17

Citation: 592 So. 2d 1197, 1992 Fla. App. LEXIS 265, 1992 WL 5991

Snippet: 2d 1276 (Fla. 2d DCA 1990), review granted, No. 76,016 (Fla. May 24, 1990). Its argument seems to have

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: situated in Hillsborough County. See generally § 76.16(1), Fla. Stat. (1989) (authority of court to issue

Jones v. State

Court: District Court of Appeal of Florida | Date Filed: 1985-02-26

Citation: 466 So. 2d 301, 24 Educ. L. Rep. 603

Snippet: 1 76.16 76.16

Davidson v. Green

Court: District Court of Appeal of Florida | Date Filed: 1979-01-25

Citation: 367 So. 2d 1032, 1979 Fla. App. LEXIS 14087

Snippet: Section 2, Florida Laws (1887), as amended, Section 76.16, Florida Statutes (1978). . See Carroll v. Carroll

Shindler v. State Wide Recovery & Research Corp.

Court: District Court of Appeal of Florida | Date Filed: 1976-04-27

Citation: 330 So. 2d 807, 1976 Fla. App. LEXIS 15092

Snippet: CHARLES CARROLL, Associate Judge. This is an interlocutory appeal by the defendant below from an order relating to venue, as provided for by Rule 4.2(a) F. A.R. The pertinent facts bearing on the question of venue, as revealed by the complaint and its exhibits and the defendant’s motion claiming lack of venue in Dade County and its supporting affidavits, may be summarized as follows. The action, filed in the circuit court of Dade County, is by the holder of a dishonored check, against the maker