Florida Statutes
Fla. Stat. § 76.17 (2025)
Writ; levy upon property removed from county pending levy.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 1
case, 1965–1965 · leading case: Florida Ins. Exch. v. Adler, 174 So. 2d 75 (Fla. 3d DCA 1965).
Florida Ins. Exch. v. Adler, 174 So. 2d 75 (Fla. 3d DCA 1965). “19) are expressly keyed into § 76.17, Fla.Stat., F.S.A., which relates to levy of a writ of attachment on personal property only.”
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