Florida Statute 76.24 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 76
ATTACHMENT

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F.S. 76.24

76.24 Dissolution of attachment.—

(1) The defendant by motion may obtain the dissolution of a writ of attachment unless the plaintiff proves the grounds upon which the writ was issued and a reasonable probability that the final judgment in the underlying action will be rendered in the plaintiff’s favor. The court shall set down such motion for an immediate hearing. This motion shall be in lieu of the provisions of s. 76.18.

(2) On answer by defendant that any allegation in plaintiff’s motion is untrue, this issue shall be tried. If the allegation in plaintiff’s motion which is denied is not proved to be true, the attachment shall be dissolved.

(3) If the answer denies the debt demanded, the judge may require pleadings thereon on motion of either party to be filed in such time as he or she fixes.

(4) The issue, if any, raised by the pleadings shall be tried at the same time as the issue, if any, made by the answer on the special cause assigned in plaintiff’s motion for the suit. On demand of either party a jury summoned from the body of the county shall be impaneled to try the issue.

History.—s. 5, Feb. 15, 1834; RS 1656; GS 2120; RGS 3421; CGL 5274; s. 15, ch. 29737, 1955; s. 26, ch. 67-254; s. 4, ch. 78-38; s. 381, ch. 95-147.

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Amendments to 76.24

Annotations, Discussions, Cases:

Cases Citing Statute 76.24

Total Results: 7

Epica v. Swiss Bank Corp.(overseas) Sa

507 So. 2d 1119, 12 Fla. L. Weekly 617, 1987 Fla. App. LEXIS 8972

District Court of Appeal of Florida | Filed: Jun 23, 1987 | Docket: 96188

Cited 10 times | Published

underlying action will be rendered in his favor." § 76.24, Fla. Stat. (1985). On appeal EPICA does not challenge

APD Holdings, Inc. v. Reidel

865 So. 2d 682, 2004 WL 332768

District Court of Appeal of Florida | Filed: Feb 18, 2004 | Docket: 1656273

Cited 5 times | Published

to the statutory considerations outlined in section 76.24, Florida Statutes (2002), "Dissolution of Attachment

Estudios, Proyectos e Inversiones de Centro America, S.A. v. Swiss Bank Corporation (Overseas) S.A.

507 So. 2d 1119, 12 Fla. L. Weekly 617, 1987 Fla. App. LEXIS 6890

District Court of Appeal of Florida | Filed: Feb 24, 1987 | Docket: 64627458

Cited 2 times | Published

underlying action will be rendered in his favor.” § 76.24, Fla.Stat. (1985). On appeal EPI-CA does not challenge

American Ass'n for the Advancement of Science v. Periodicals Publicacoes Tecnicas

581 F. Supp. 2d 1248, 2008 U.S. Dist. LEXIS 106984, 2008 WL 4514372

District Court, S.D. Florida | Filed: Sep 25, 2008 | Docket: 2366711

Published

Valerios move to dissolve the writ pursuant to Section 76.24 of the Florida Statutes. "When a party moves

Frasher v. Fox Distributing of S.W. Florida, Inc.

813 So. 2d 1017, 2002 Fla. App. LEXIS 4462, 2002 WL 507167

District Court of Appeal of Florida | Filed: Apr 5, 2002 | Docket: 64814332

Published

motion for immediate dissolution pursuant to section 76.24(1). The trial court promptly scheduled a hearing

Southern National Bank of Fort Walton Beach v. Young

142 So. 2d 788, 1962 Fla. App. LEXIS 3003

District Court of Appeal of Florida | Filed: Jul 3, 1962 | Docket: 60205592

Published

and WIGGINTON and RAWLS, JJ., concur. . F.S. Section 76.24, F.S.A. . Pan American Metal Products Co.

Norman Babel Mortgage Co. v. Golden Heights Land Co.

117 So. 2d 205

District Court of Appeal of Florida | Filed: Jan 25, 1960 | Docket: 60194085

Published

application for dissolution, as authorized under § 76.24, Fla.Stat., F.S.A. In the trial of the case, which