CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1988 WL 138550
...The original trial judge in this action entered a final default judgment against Aviation West, Air & General Finance Ltd.'s lessee, and a final judgment against Fidelity & Deposit Company of Maryland, Air & General Finance Ltd.'s surety. The trial judge's action properly conformed to the dictates of section 76.31, Florida Statutes (1987), which requires that simultaneous judgments be entered against the defendant and surety in an attachment action where the defendant defaults following the posting of an attachment forthcoming bond and retaking of property....
0 red0 yellow0 green0 procedural
CopyPublished | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 6240
...We must reject the contention of the appellee that the lawyer also represented Betty M. McAlpin. On the contrary, the record discloses no pleadings filed on behalf of Betty M. McAlpin, and it contains a statement by the attorney that he did not represent her in the cause. By § 76.31 Fla.Stat., F.S.A., the liability of the surety of a forthcoming bond is fixed by final judgment against the defendant....
CopyPublished | District Court of Appeal of Florida | 1965 Fla. App. LEXIS 4533
...rthcoming bond or for the property to be “restored” to the defendant as in §§
76.18 and
76.19. See Cowart v. Venable,
86 Fla. 367 ,
98 So. 219, 220 ; Alford v. Leonard,
88 Fla. 532 ,
102 So. 885, 889-90 . For the same reasons the provisions of §
76.31, which permit judgment to be entered summarily against a surety on a bond to pay the debt, are not applicable here because the language of that section shows it has reference to attachments of personal property, by making it operative where “the defendant shall have retaken the property” upon such bond....
0 red0 yellow0 green0 procedural
