Florida Statutes

Fla. Stat. § 76.18 (2025)

Return of property upon forthcoming bond.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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76.18 Return of property upon forthcoming bond.—At any time after execution of the writ, property attached may be restored to defendant or some other person for him or her on defendant or such other person giving bond with surety to the officer levying the attachment to be approved by the officer payable to plaintiff in an amount which shall exceed by one-fourth the value of the property, as determined by the court, or which shall exceed by one-fourth the amount of the claim, whichever is less, conditioned for the forthcoming of the property restored to abide the final order of the court.

History.—s. 13, Mar. 15, 1843; s. 1, ch. 6865, 1915; RS 1652; GS 2116; RGS 3417; CGL 5270; s. 26, ch. 67-254; s. 3, ch. 78-38; s. 378, ch. 95-147.

Notes of Decisions

Cited in 4 cases, 1948–1984 · leading case: Transportes Aereos Mercantiles Panamericanos, S.A. v. Banco Cafetero, 451 So. 2d 932 (Fla. 3d DCA 1984).

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Transportes Aereos Mercantiles Panamericanos, S.A. v. Banco Cafetero, 451 So. 2d 932 (Fla. 3d DCA 1984). · cites it 2× “The debtor has a right to release the property pursuant to the provisions of Section 76.18 Florida Statutes (1983) upon the posing of a bond, which shall exceed xk of the value of the property.”

Florida Ins. Exch. v. Adler, 174 So. 2d 75 (Fla. 3d DCA 1965). · cites it 2× “The statutory provisions for return of property upon filing a forthcoming bond (§ 76.18) and for return of property upon filing a bond conditioned to pay the debt or obligation when .”

Florio v. Colquitt Hardware Co., Inc., 33 So. 2d 722 (Fla. 1948). “On February 5, 1947, the Colquitt Hardware Company, under Section 76.18, F.S.A., filed with and had approved by the Sheriff of Dade County, a forthcoming bond in the sum of ,147.”

Gordon v. Houston Air Craft Sales, Inc., 218 So. 2d 206 (Fla. 3d DCA 1969). · cites it 2× “As authorized by § 76.18 Fla. Stat., F.S.A., the aircraft was restored to defendants upon the execution by McAlpin of a forthcoming bond on which Maryland National Insurance Company of Cincinnati, Ohio, was the Surety.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.