The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 76
ATTACHMENT

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F.S. 76.17

76.17 Writ; levy upon property removed from county pending levy.—When personal property of the defendant is located in any county at the time an action is commenced in which an attachment issues but is removed from the county pending the action, the officer to whom the writ is delivered shall make return of the fact of the removal and plaintiff may file a motion stating to what county he or she believes the property has been removed, whereupon an alias writ shall issue and be delivered to the sheriff of each county to which the property or a part thereof has been removed. On receipt of the writ, the sheriff shall take possession of the property and deliver it to the proper officer of the court from which the writ was issued, and make return of the writ. All questions about the title of the property shall be adjudicated in the county in which the action was brought, unless the court changes the venue.

History.—ss. 1, 2, ch. 3245, 1881; RS 1650; GS 2114; RGS 3415; CGL 5268; s. 26, ch. 67-254; s. 377, ch. 95-147.

F.S. 76.17 on Google Scholar

F.S. 76.17 on Casetext

Amendments to 76.17

Arrestable Offenses / Crimes under Fla. Stat. 76.17

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 76.17.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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 and 76.17 . . .

ROTHE DEVELOPMENT CORPORATION, v. U. S. DEPARTMENT OF DEFENSE U. S., 499 F. Supp. 2d 775 (W.D. Tex. 2007)

. . . Males represent 45.32 percent of the available prime architecture and engineering firms and received 76.17 . . . under $500,000 in the City between October 1, 1997 and December 31, 2000, Caucasian males received 76.17 . . .

J. S. v., 78 T.C. 822 (T.C. 1982)

. . . Mukai for all his expenses in operating the Skylark in 1975, including gasoline, in the amount of $76.17 . . . Delta sent an unsigned check for $76.17 to Mukai with instructions to endorse it and return it to Delta . . .

AMERICAN CIVIL LIBERTIES UNION, v. FEDERAL COMMUNICATIONS COMMISSION,, 523 F.2d 1344 (9th Cir. 1975)

. . . . §§ 76.11-76.17. . . .

BEAUFORT TRANSFER COMPANY, v. FISCHER TRUCKING COMPANY, 357 F. Supp. 662 (E.D. Mo. 1973)

. . . [Missouri] Supreme Court Rule 76.17.” United States v. . . .

M. R. DUGAN d b a M. R. v. MISSOURI NEON PLASTIC ADVERTISING COMPANY, 334 F. Supp. 1222 (W.D. Mo. 1971)

. . . Rule 76.17, V.A.M.R., provides: No execution prior to the levy thereof shall be a lien on any goods, . . . Missouri Supreme Court Rule 76.17, supra. . . .

UNITED STATES v. PLEZ LEWIS SON, INC. a P. a a a, 272 F. Supp. 221 (E.D. Mo. 1967)

. . . Supreme Court Rule 76.17. An execution was issued on the St. . . .

In NAZARETH FAIRGROUNDS FARMERS MARKET, INC., 266 F. Supp. 42 (S.D.N.Y. 1966)

. . . recoupment matter) only are allowed: 1960 December 21 $ 5.00 1961 July 10 804.49 August 15 27.61 December 27 76.17 . . .

FLORIDA INSURANCE EXCHANGE, v. ADLER, 174 So. 2d 75 (Fla. Dist. Ct. App. 1965)

. . . conditioned to pay the debt or obligation when .reduced to judgment (§ 76.19) are expressly keyed into § 76.17 . . .

THOMPSON v. BALTIMORE O. R. CO., 59 F. Supp. 21 (E.D. Mo. 1945)

. . . Y. 32% 68% 23.83% 76.17% Mt. . . .