Florida Statutes

Fla. Stat. § 76.31 (2025)

Judgments.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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76.31 Judgments.—If a default is entered for plaintiff and defendant has retaken the property on a forthcoming bond, final judgment shall be entered at the same time against defendant and the surety on the bond for the amount of the judgment against defendant if it is less than the value of the property as fixed by the officer, or for the value of the property so fixed if the value is less than the judgment against defendant. If defendant has retaken the property on a bond to pay the debt, the judgment shall also be entered against the surety for the amount of the judgment against defendant. When judgment is entered against defendant after trial, it shall be entered against the surety as above provided except that the value of the property retaken by defendant shall be found by the court or jury, as the case may be, and stated in the finding or verdict.

History.—RS 1664; GS 2128; RGS 3429; CGL 5282; s. 26, ch. 67-254.

Notes of Decisions

Cited in 3 cases, 1965–1988 · leading case: Globe Aero Ltd., Inc. v. AIR & GEN. FIN. LTD., 537 So. 2d 628 (Fla. 3d DCA 1988).

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Globe Aero Ltd., Inc. v. AIR & GEN. FIN. LTD., 537 So. 2d 628 (Fla. 3d DCA 1988). · cites it 2× “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…”

Florida Ins. Exch. v. Adler, 174 So. 2d 75 (Fla. 3d DCA 1965). “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…”

Gordon v. Houston Air Craft Sales, Inc., 218 So. 2d 206 (Fla. 3d DCA 1969). · cites it 2× “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.”

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