The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 76
ATTACHMENT

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F.S. 76.32

76.32 Attachment of vessels.—

(1) WHEN APPLICABLE.—In all actions by any person, firm, corporation or association of persons, including the state and any governmental subdivision, agency or department of the state, against any person, firm, association of persons or corporation, whether resident or nonresident, to recover damages for injury to the person or property thereof, resulting from negligence in the navigation, direction or management of any ship or boat of any kind, whether domestic or foreign and however propelled, within the territorial jurisdiction of the state, plaintiff is entitled to an attachment at law against the vessel in the manner hereinafter provided.

(2) VENUE.—Venue shall be in the county where defendants or any of them reside or the county where the damage or injury was suffered or the county where the vessel charged with the responsibility for the damage or injury is found.

(3) MOTION FOR.—Before any writ of attachment issues, plaintiff shall file in the court from which the writ is desired, a motion, which shall not be verified or negative the attachment debtor’s exemptions, and which shall set forth the filing of the action, the circumstances under which the injury or damage complained of was suffered giving rise to plaintiff’s cause of action and the amount of plaintiff’s demand made in good faith.

(4) BOND.—No attachment shall issue until the person applying for it, the person’s agent or attorney, makes a bond with surety to be approved by the clerk of the court in which the action is commenced payable to defendant in a sum at least double the amount of money in good faith demanded conditioned to pay all costs and damages which defendant may sustain in consequence of plaintiff’s improperly suing out the attachment but no bond shall be required when the state, or any governmental subdivision, agency, or department is plaintiff.

(5) FORTHCOMING BOND.—Any vessel attached under this law may be restored at any time to defendant or to some other person for him or her, on defendant or the other person giving bond with surety to the officer levying the attachment to be approved by the officer payable to plaintiff in double the value of the vessel levied on, if the value does not exceed the amount of plaintiff’s claim, or double the amount of plaintiff’s claim, if the value exceeds the amount of plaintiff’s claim, the value to be fixed by the officer, conditioned for the forthcoming of the property restored to abide the final judgment of the court but if the action is for unliquidated damages, defendant or the claimant of the offending vessel instead of furnishing a bond may apply to the court for a reduction in the amount of the bond, and the court may fix the amount and conditions of the bond at a sum sufficient to adequately secure payment of the amount of the injury or damage which may have been suffered by plaintiff with costs. The release bond shall be approved by the court. If plaintiff recovers a judgment, it shall be rendered against defendant, or the claimant of the vessel, and his or her surety on the release bond.

(6) APPLICATION OF LAW.—This law applies to those actions for injury, loss or damage which occur without the admiralty and maritime jurisdiction of the courts of the United States.

History.—ss. 1, 2, 3, 4, 5, 6, ch. 23137, 1945; s. 26, ch. 67-254; s. 382, ch. 95-147.

Note.—Former ss. 76.32-76.37.

F.S. 76.32 on Google Scholar

F.S. 76.32 on Casetext

Amendments to 76.32

Arrestable Offenses / Crimes under Fla. Stat. 76.32

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 76.32.

Annotations, Discussions, Cases:

Cases from cite.case.law:

LUNA- GARCIA DE GARCIA, v. P. BARR, U. S., 921 F.3d 559 (5th Cir. 2019)

. . . Mukasey , 554 U.S. 1, 12, 128 S.Ct. 2307, 171 L.Ed.2d 178 (2008) (quoting 1 Gordon § 3.05[8][c], at 3-76.32 . . .

MANNS, v. BECKSTROM,, 695 F. App'x 883 (6th Cir. 2017)

. . . specifically limits a petition for rehearing “to a consideration of the issues argued on the appeal,” CR 76.32 . . .

GILES, v. BECKSTROM,, 826 F.3d 321 (6th Cir. 2016)

. . . Supreme Court becomes final on the 21st day after the date of its rendition unless a petition under Rule 76.32 . . . shall be issued on the 21st day after the date its opinion was rendered unless a petition under Rule 76.32 . . .

OLSON, v. LITTLE,, 604 F. App'x 387 (6th Cir. 2015)

. . . Here, the controlling rule is Kentucky Rule of Civil Procedure 76.32, which addresses when the Kentucky . . . P. 76.32. . . . To the contrary, Rule 76.32 “is only to be used to simply point out and have inaccuracies corrected, . . . In one case, the state supreme court determined that the court of appeals correctly applied Rule 76.32 . . . Commonwealth, 295 S.W.3d 60, 66 (Ky.2009). .Both cases involve straightforward application of Rule 76.32 . . .

DADA v. MUKASEY, ATTORNEY GENERAL, 554 U.S. 1 (U.S. 2008)

. . . newly discovered evidence or a change in circumstances since the hearing.” 1 Gordon §3.05[8][c], at 3-76.32 . . .

HERNANDEZ, v. CAVALIERE CUSTOM HOMES, INC. n k a v. De d b a, 511 F. Supp. 2d 221 (D. Conn. 2007)

. . . separate obligation owed by the employer to the third party. 2B Larson, Workmen’s Compensation Law, § 76.32 . . .

v., 93 T.C. 52 (T.C. 1989)

. . . Accordingly, Capitol constructively owned 100 percent of petitioner, and owned a total of 76.32 percent . . .

TUGGLE, Jr. v. SEABOLD, L., 806 F.2d 87 (6th Cir. 1986)

. . . governing petitions for rehearing in the Supreme Court and Court of Appeals of Kentucky, Civil Rule (CR) 76.32 . . .

ALCORN, v. SMITH,, 724 F.2d 37 (6th Cir. 1983)

. . . Civil Rule 76.32(1)(b). . . .

v., 66 T.C. 962 (T.C. 1976)

. . . Total miles Miles of welded installed Year rail installed at year end 1959_ 37.96 37.96 1960_ 38.36 76.32 . . .

MINNEAPOLIS, ST. PAUL SAULT STE. MARIE RAILROAD COMPANY v. THE UNITED STATES, 164 Ct. Cl. 226 (Ct. Cl. 1964)

. . . . $9,426,653 78.11 $3,887 $3,887 2 $225,817 Year 1934.. 9,755,777 76.32 359,441 359,441 148,771 Year . . .

DU PONT v. DEPUTY,, 26 F. Supp. 773 (D. Del. 1939)

. . . . 49.94 50.00 1933 ........................ 49.66 60.00 1934 ........................ 56.94 57.00 $ 76.32 . . . that the average earnings of Christiana Securities Company for the years 1928 to 1934 inclusive were $76.32 . . .