Florida Statute 76.24 - Full Text and Legal Analysis

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.

Cases Citing F.S. 76.24

Fla. Stat. § 76.24 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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·APD Holdings, Inc. v. Reidel, 865 So. 2d 682 (Fla. 4th DCA 2004).
Cited 5 times | Published | Florida 4th District Court of Appeal | 2004 WL 332768
...As the president of APD, Mr. Dziurgot had personal knowledge of the issues. It was his affidavit that had provided the basis for the issuance of the writ of attachment. In addition, his testimony was relevant to the statutory considerations outlined in section 76.24, Florida Statutes (2002), "Dissolution of Attachment." Under the circumstances, the request for continuance was not the result of dilatory practices on the part of APD, but rather the result of the short notice of the hearing....
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Cited as authority(citing case) (2018)
phrase: "rule_authority"
Cited as authorityKrock (2012)
phrase: "rule_authority"
Cited as authorityLevin (2011)
phrase: "rule_authority"
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Epica v. Swiss Bank Corp.(overseas) Sa, 507 So. 2d 1119 (Fla. 3d DCA 1987).
Cited 10 times | Published | Florida 3rd District Court of Appeal | 12 Fla. L. Weekly 617, 1987 Fla. App. LEXIS 8972
...When a defendant files a motion to dissolve a writ of attachment, the motion must be granted "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 his favor." § 76.24, Fla....
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·Estudios, Proyectos e Inversiones de Centro Am., S.A. v. Swiss Bank Corp. (Overseas) S.A., 507 So. 2d 1119 (Fla. 4th DCA 1987).
Cited 2 times | Published | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 617, 1987 Fla. App. LEXIS 6890
underlying action will be rendered in his favor.” § 76.24, Fla.Stat. (1985). On appeal EPI-CA does not challenge
0 red0 yellow6 green2 procedural
Cited as authorityDonastorg (2015)
phrase: "rule_authority"
Cited as authorityLama (2011)
phrase: "rule_authority"
Cited as authority(citing case) (2011)
phrase: "rule_authority"
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Am. Ass'n for the Advancement of Sci. v. Periodicals Publicacoes Tecnicas, 581 F. Supp. 2d 1248 (S.D. Fla. 2008).
Published | District Court, S.D. Florida | 2008 U.S. Dist. LEXIS 106984, 2008 WL 4514372
...76.04...." The special grounds of Section 76.04 asserted by Plaintiffs permit attachment where the debtor/defendant "(7) Is absconding. (8) Is concealing himself or herself. (9) Is secreting the property. (10) Is fraudulently disposing of the property." In the Motion, the Valerios move to dissolve the writ pursuant to Section 76.24 of the Florida Statutes....
..."When a party moves to dissolve a writ of attachment or garnishment, the party opposing the motion must prove the grounds on which the writ issued and a reasonable probability of obtaining a final judgment in his or her favor." Marshall-Shaw v. Ford, 755 So.2d 162, 164 (Fla. 4th DCA 2000) (citing Fla. Stat. §§ 76.24(1), 77.07(1))....
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S. Nat'l Bank of Fort Walton Beach v. Young, 142 So. 2d 788 (Fla. 1st DCA 1962).
Published | Florida 1st District Court of Appeal | 1962 Fla. App. LEXIS 3003
and WIGGINTON and RAWLS, JJ., concur. . F.S. Section 76.24, F.S.A. . Pan American Metal Products Co.
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·Norman Babel Mortg. Co. v. Golden Heights Land Co., 117 So. 2d 205 (Fla. Dist. Ct. App. 1960).
Published | District Court of Appeal of Florida
...A writ of attachment was caused to be issued, and Fidelity and Casualty Company of New York became surety on the attachment bond in the amount of $48,100. The defendant moved to dissolve the attachment but there were no preliminary or separate proceedings or trial on application for dissolution, as authorized under § 76.24, Fla.Stat., F.S.A....
0 red0 yellow0 green1 procedural
Cert. denied(citing case) (1960)
phrase: "certiorari denied"
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Frasher v. Fox Distrib. of S.W. Florida, Inc., 813 So. 2d 1017 (Fla. 2d DCA 2002).
Published | Florida 2nd District Court of Appeal | 2002 Fla. App. LEXIS 4462, 2002 WL 507167
...While not dispositive of this case, we note that the trial court compounded its error by not holding an immediate evi-dentiary hearing on Frasher’s motion to dissolve the writ. When Frasher learned of the writ, he filed a motion for immediate dissolution pursuant to section 76.24(1)....
...a demand for a jury trial on the motion and requested a continuance so that various witnesses could be present. At the scheduled hearing time, Fox argued that it was entitled to a jury trial on Frasher’s motion to dissolve the writ, claiming that section 76.24(4) gave it the right to a jury trial....
...nce of the writ. After hearing only legal argument, the trial court denied Frasher’s motion to immediately dissolve the writ and set the matter for a jury trial several weeks later. This error deprived Frasher of his right to an immediate hearing. Section 76.24(1) states: 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 *1021 be rendered in the plaintiffs favor....

This Florida statute resource is curated by Florida Bar member Graham W. Syfert, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.

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Cases Citing F.S. 76.24

·APD Holdings, Inc. v. Reidel, 865 So. 2d 682 (Fla. 4th DCA 2004).

Epica v. Swiss Bank Corp.(overseas) Sa, 507 So. 2d 1119 (Fla. 3d DCA 1987).

·Estudios, Proyectos e Inversiones de Centro Am., S.A. v. Swiss Bank Corp. (Overseas) S.A., 507 So. 2d 1119 (Fla. 4th DCA 1987).

Am. Ass'n for the Advancement of Sci. v. Periodicals Publicacoes Tecnicas, 581 F. Supp. 2d 1248 (S.D. Fla. 2008).

S. Nat'l Bank of Fort Walton Beach v. Young, 142 So. 2d 788 (Fla. 1st DCA 1962).

·Norman Babel Mortg. Co. v. Golden Heights Land Co., 117 So. 2d 205 (Fla. Dist. Ct. App. 1960).

Frasher v. Fox Distrib. of S.W. Florida, Inc., 813 So. 2d 1017 (Fla. 2d DCA 2002).