Florida Statute 76.21 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 76
ATTACHMENT

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76.21 Claims of third parties to attached property.—If any attachment is levied on property claimed by any person other than defendant, such person may replevy it or interpose a claim in the manner provided in case of execution.

History.—s. 8, Feb. 15, 1834; s. 1, Mar. 15, 1843; RS 1665; GS 2129; RGS 3430; CGL 5283; s. 26, ch. 67-254.

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Amendments to 76.21

Annotations, Discussions, Cases:

Cases Citing Statute 76.21

Total Results: 4 | Sort by: Relevance | Newest First

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Trail Builders Supply Co. v. Reagan, 235 So. 2d 482 (Fla. 1970).

Cited 15 times | Published | Supreme Court of Florida

...(Emphasis Supplied) [3] Fidelity and Casualty Co. of New York v. J.A. Jones Construction Co., 325 F.2d 605 (8th Cir.1963) Crawford v. Pope & Talbot, Inc., 206 F.2d 784 (3rd Cir.1953); Baltimore Transit Co. v. State of Maryland, 183 Md. 674, 39 A.2d 858 (1954); 2 Larson, § 76.21, Pg....

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Int'l Harvest. Cr. v. Am. Nat. Bk., 296 So. 2d 32 (Fla. 1974).

Cited 14 times | Published | Supreme Court of Florida | 85 A.L.R. 3d 1015

...equired to pursue his own remedies available to such subsquent creditor for the retained value which was his. There does not appear to be any "third party claimant" statutory provision available in replevin, as is the case in attachment wherein F.S. § 76.21, F.S.A., provides for interposing a claim "in the manner provided in case of execution." Fla....

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F/S Airlease II, Inc. v. Air Florida, Inc. (In Re Air Florida, Inc.), 44 B.R. 798 (Bankr. S.D. Fla. 1984).

Cited 1 times | Published | United States Bankruptcy Court, S.D. Florida. | 1984 Bankr. LEXIS 4517

...'s valid ownership thereof because Swig had no duty to record its ownership interest. A state law attachment creditor cannot acquire by levy any greater rights in the levied property than its debtor had. Under applicable Florida law, Florida Statute § 76.21 provides: "if any attachment shall be levied upon property claimed by any person other than the defendant in attachment, such person may, at his option, replevy the same or interpose a claim in the manner provided in the case of execution."...

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Moresca v. Allstate Ins. Co., 231 So. 2d 283 (Fla. Dist. Ct. App. 1970).

Published | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 6929

person other than the defendant in attachment. (Section 76.21, F.S.1967, F.S. A.). The Florida Replevin statute

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