Florida Statutes
Fla. Stat. § 78.01 (2025)
Right of replevin.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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78.01 Right of replevin.—Any person whose personal property is wrongfully detained by any other person or officer may have a writ of replevin to recover said personal property and any damages sustained by reason of the wrongful taking or detention as herein provided. Notice of lis pendens to charge third persons with knowledge of plaintiff’s claim on the property may be recorded.
History.—s. 1, Mar. 11, 1845; RS 1707; GS 2171; RGS 3476; CGL 5329; s. 1, ch. 28277, 1953; s. 1, ch. 29706, 1955; s. 28, ch. 67-254; s. 1, ch. 73-20.
Notes of Decisions
Cited in 43
cases (4 in the last 5 years), 1965–2026 · leading case: Fuentes v. Shevin, 407 U.S. 67 (1972).
Fuentes v. Shevin, 407 U.S. 67 (1972). “" Rather, Florida law automatically relies on the bare assertion of the party seeking the writ that he is entitled to one and allows a court clerk to issue the writ summarily.”
JB Intern., Inc. v. Mega Flight, Inc., 840 So. 2d 1147 (Fla. 5th DCA 2003). “§ 78.01, Fla. Stat. (1989); see generally 12 Fla.”
Neil v. South Florida Auto Painters, Inc., 397 So. 2d 1160 (Fla. 3d DCA 1981). “[3] Section 78.01, Florida Statutes (1975), authorizes a writ of replevin to recover personal property wrongfully detained by another and, in addition, "damages sustained by reason of the wrongful taking or detention.”
McMurrain v. Fason, 584 So. 2d 1027 (Fla. 1st DCA 1991). “§ 78.01, Fla. Stat. (1989); see generally 12 Fla.”
Future Tech Int'l, Inc. v. Tae Il Media, Ltd., 944 F. Supp. 1538 (S.D. Fla. 1996). “Fla.Stat. § 78.01. Pursuant to the statute, a prejudgment writ of replevin requires the recitation of the following information: (1) A description of the claimed property that is sufficient to make possible its identification and a statement, to the best knowledge, information,…”
Fuentes v. Faircloth, 317 F. Supp. 954 (S.D. Fla. 1970). “DYER, Circuit Judge: Plaintiff brought this suit against Firestone Tire and Rubber Company *956 (Firestone) and the Attorney General of Florida [1] for declaratory and injunctive relief against continued enforcement of certain sections of Florida's replevin statutes, F.S. §…”
Prestige Rent-A-Car v. ADVANTAGE CAR, 656 So. 2d 541 (Fla. 5th DCA 1995). “NOTES [1] Prestige argues that this was not exclusively an in rem action because Advantage also sought damages.”
Brown v. Reynolds, 872 So. 2d 290 (Fla. 2d DCA 2004). “See § 78.01; McMurrain v. Fason, 584 So.2d 1027,1030 (Fla.”
Williams Mgmt. Enter. v. Buonauro, 489 So. 2d 160 (Fla. 5th DCA 1986). “§ 78.01, Fla. Stat. It is a possessory action (§ 78.”
MacQueen v. Lambert, 348 F. Supp. 1334 (M.D. Fla. 1972). “No court action need be taken by the landlord for at least three months.”
Brescher v. Assocs. Fin. Serv. Co., 460 So. 2d 464 (Fla. 4th DCA 1984). “The sheriff argues that because he was holding the Guzzos' property pursuant to a valid execution, it was impossible for Associates, the secured party, to prove "wrongful detention" which is a necessary predicate for replevin under section 78.”
Waterhouse v. McDevitt & Street Co., 387 So. 2d 470 (Fla. 5th DCA 1980). “§ 78.01, Fla. Stat. (1979). Here, the action of the court in requiring the payment of funds into its registry was similar to a protective order.”
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