The 2023 Florida Statutes (including Special Session C)

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 from cite.case.law:

SOLARWORLD AMERICAS, INC. v. UNITED STATES, Co., 320 F. Supp. 3d 1341 (Ct. Int'l Trade 2018)

. . . value of the imports for this HTS category into Thailand from Hong Kong was $7,351,945 USD, which is 76.16% . . .

IN RE SPENCE, v., 545 B.R. 280 (Bankr. W.D. Mo. 2016)

. . . .., However, the rule does not require notice of sale to the judgment debtor, in contrast to Rules 76.16 . . .

J. PAGAN, v. FRUCHEY, 492 F.3d 766 (6th Cir. 2007)

. . . Mary’s, § 351.06 Sandusky, § 351.06 Shelby, § 452.09 Sidney, § 351.09 Silverton, § 76.16 (1954) Solon . . .

APPALACHIAN POWER COMPANY, v. ENVIRONMENTAL PROTECTION AGENCY,, 135 F.3d 791 (D.C. Cir. 1998)

. . . . § 76.16 (1997), has been mooted by our granting of EPA’s motion to vacate and remand this portion of . . .

HORDIS BROTHERS, INC. v. SENTINEL HOLDINGS, INC., 562 So. 2d 715 (Fla. Dist. Ct. App. 1990)

. . . See generally § 76.16(1), Fla.Stat. (1989) (authority of court to issue writ directed to property in . . .

L. JONES, v. STATE, 466 So. 2d 301 (Fla. Dist. Ct. App. 1985)

. . . matching two-handle widespread faucet with pop-up 1 56.43 55.43 846 Deltique tub and shower faucet 1 76.16 . . . 76.16 TOTAL: 8,934.49 These above items carried a total retail price of $8,934.49 according to the prices . . .

In F. IACOVONI, L. D. G. E. L. E. M. W. A. R., 2 B.R. 256 (Bankr. D. Utah 1980)

. . . Their claimed excess over budgeted needs amounts to $76.16 per month. . . .

I. DAVIDSON, v. GREEN, a a O D. L. C. L., 367 So. 2d 1032 (Fla. Dist. Ct. App. 1979)

. . . Chapter 3721, Section 2, Florida Laws (1887), as amended, Section 76.16, Florida Statutes (1978). . . . .

E. J. SEABROOK, Sr. v. UNITED STATES H. J. SEABROOK v. UNITED STATES, 253 F. Supp. 652 (W.D. Okla. 1966)

. . . Collectively Prior to Redemption 38.08% 38.08% 76.16% Subsequent to Redemption 23.77% 23.77% 47.53% Reduction . . . Prior to the redemption of such preferred stock, Taxpayers collectively owned 76.16% of the voting stock . . .

CHICAGO, ROCK ISLAND AND PACIFIC RAILWAY COMPANY v. STURM, 174 U.S. 710 (U.S. 1899)

. . . that afterwards .judgment was rendered against him and plaintiff in error as garnishee for the sum of $76.16 . . .