The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 76
ATTACHMENT

View Entire Chapter

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.

F.S. 76.24 on Google Scholar

F.S. 76.24 on Casetext

Amendments to 76.24

Arrestable Offenses / Crimes under Fla. Stat. 76.24

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 76.24.

Annotations, Discussions, Cases:

Cases from cite.case.law:

RAMOS, Ed v. TELGIAN CORPORATION, 176 F. Supp. 3d 181 (E.D.N.Y. 2016)

. . . 91.21 hours, earned $9.65 per hour under salary provided in Compensation Agreement; Rodriguez worked 76.24 . . . worked in a one-week period occurred during the week of March 27 through April 2, 2011, when he worked 76.24 . . .

AMERICAN ASSOCIATION FOR ADVANCEMENT OF SCIENCE, v. PERIODICALS PUBLICACOES TECNICAS,, 581 F. Supp. 2d 1248 (S.D. Fla. 2008)

. . . In the Motion, the Valerios move to dissolve the writ pursuant to Section 76.24 of the Florida Statutes . . . Stat. §§ 76.24(1), 77.07(1)). . . .

A. P. D. HOLDINGS, INC. a v. REIDEL, a k a, 865 So. 2d 682 (Fla. Dist. Ct. App. 2004)

. . . In addition, his testimony was relevant to the statutory considerations outlined in section 76.24, Florida . . .

D. FRASHER, v. FOX DISTRIBUTING OF S. W. FLORIDA, INC., 813 So. 2d 1017 (Fla. Dist. Ct. App. 2002)

. . . When Frasher learned of the writ, he filed a motion for immediate dissolution pursuant to section 76.24 . . . that it was entitled to a jury trial on Frasher’s motion to dissolve the writ, claiming that section 76.24 . . . Section 76.24(1) states: The defendant by motion may obtain the dissolution of a writ of attachment unless . . .

MARSHALL- SHAW, v. FORD,, 755 So. 2d 162 (Fla. Dist. Ct. App. 2000)

. . . . §§ 76.24(1), 77.07(1), Fla. Stat. (1997). . . .

DEBIS FINANCIAL SERVICES, INC. a v. CASTANEDA a k a C. a k a a k a a k a M. a k a C. a k a J A a, 725 So. 2d 1280 (Fla. Dist. Ct. App. 1999)

. . . . §§ 76.24(1), 77.07 (1), Florida Statutes (1997); see Ayares-Eisenberg Perrine Datsun, Inc. v. . . .

ESTATE OF L. RINALDI, v. UNITED STATES,, 38 Fed. Cl. 341 (Fed. Cl. 1997)

. . . have a per-tree value of $188.79, there were now only 199 such trees, having a per-tree value of only $76.24 . . .

UNITED PAPERWORKERS INTERNATIONAL UNION, AFL- CIO, CLC, AFL- CIO, CLC, v. ALDEN CORRUGATED CONTAINER CORPORATION, UNITED PAPERWORKERS INTERNATIONAL UNION LOCAL v. BATES CORRUGATED BOX CORPORATION v. FIRST FEDERAL SAVINGS BANK OF AMERICA, 901 F. Supp. 426 (D. Mass. 1995)

. . . 10.32 1/2 - 82.60 Laurent Robert 9.72 - 77.76 George Hodgins 9.29 1/2 - 74.36 Robert Maciejewski 9.53 - 76.24 . . .

ESTUDIOS, PROYECTOS E INVERSIONES DE CENTRO AMERICA, S. A. EPICA v. SWISS BANK CORPORATION OVERSEAS S. A., 507 So. 2d 1119 (Fla. Dist. Ct. App. 1987)

. . . .” § 76.24, Fla.Stat. (1985). . . .

In TELTRONICS SERVICES, INC. ANACONDA- ERICSSON, INC. LM v. J. HESSEN,, 29 B.R. 139 (Bankr. E.D.N.Y. 1983)

. . . Tr. 76.24-78.7 (SGM), 80.2-82.20 (SGM); exh. 150. 102. . . .

UNIQUE CATERERS, INC. v. RUDY S FARM COMPANY,, 338 So. 2d 1067 (Fla. 1976)

. . . See Note 3. . 76.24 Dissolution of attachment.— (1) The court to which the attachment is returnable is . . . always open to hear motions to dissolve the attachment. . 76.24 Dissolution of attachment.— ****** ( . . .

MARTIN, M. v. Jo MARTIN,, 196 So. 2d 26 (Fla. Dist. Ct. App. 1967)

. . . Sec. 76.24, F.S.A. dealing with the same identical subject matter in attachment proceedings. . . .

SOUTHERN NATIONAL BANK OF FORT WALTON BEACH, a v. H. R. YOUNG,, 142 So. 2d 788 (Fla. Dist. Ct. App. 1962)

. . . Section 76.24, F.S.A. . Pan American Metal Products Co. v. Healy v. (Fla.App.1962). 138 So.2d 96. . . .

NORMAN BABEL MORTGAGE COMPANY, a a v. GOLDEN HEIGHTS LAND COMPANY, a, 117 So. 2d 205 (Fla. Dist. Ct. App. 1960)

. . . preliminary or separate proceedings or trial on application for dissolution, as authorized under § 76.24 . . .

LUCIANO, GALATI CONTI, v. SERVICE MACHINERY CORPORATION, INC. a, 112 So. 2d 890 (Fla. Dist. Ct. App. 1959)

. . . the hearing on the motion to dissolve, which had been set in accordance with the provisions of Sec. 76.24 . . .

SMYTH v. AMES SMYTH v. SMITH SMYTH v. HIGGINSON, 169 U.S. 466 (U.S. 1898)

. . . charged during the period stated, the cost to the Burlington Company of earning $100 would have been $76.24 . . . The percentage of expenses to earnings, including the extra cost of local business, was 76.24; that is . . .