Florida Statute 78.02 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 78
REPLEVIN

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F.S. 78.02

78.02 What may not be taken by replevin.—No replevin shall lie:

(1) For any property taken by virtue of any warrant for the collection of any tax, assessment, or fine pursuant to any statute;

(2) For defendant in any execution or attachment to recover goods and chattels seized by virtue thereof unless such goods and chattels are exempt from the execution or attachment;

(3) By the original defendant in replevin for property taken in replevin and delivered to plaintiff while it remains in the possession of the original plaintiff or his or her agents.

(4) For any person unless that person has a right to reduce the goods taken into his or her possession.

History.—ss. 2, 3, Mar. 11, 1845; s. 4, ch. 1099, 1861; ch. 1938, 1873; ch. 2040, 1875; RS 1708; GS 2172; RGS 3477; CGL 5330; s. 28, ch. 67-254; s. 1, ch. 73-20; s. 402, ch. 95-147.

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F.S. 78.02 on Casetext

Amendments to 78.02

Arrestable Offenses / Crimes under Fla. Stat. 78.02

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 78.02.

Annotations, Discussions, Cases:

Cases Citing Statute 78.02

Total Results: 20

In Re: Judicial Circuit Assessment

Court: Supreme Court of Florida | Date Filed: 2023-12-21

Snippet: population, and square mileage within each circuit. 78 2. Case-Activity Data The Trial Court Statistical

DIRTY DUCK 16004, LLC, DIRTY DUCK 16008, LLC v. TOWN OF REDINGTON BEACH

Court: District Court of Appeal of Florida | Date Filed: 2023-11-08

Snippet: not be interfered with by the owner." Id. at 78.2 Effective July 1, 2018, the legislature enacted

SCOTT WALLS v. ROADWAY, INC., etc.

Court: District Court of Appeal of Florida | Date Filed: 2023-09-20

Snippet: the requirements of Florida Statute section 713.78;” (2) “Roadway is the owner of the Vehicle as evidenced

Kenneth L. Dowell, d/b/a Ken's Paint & Body v. State Farm Mutual Automobile Insurance Company

Court: District Court of Appeal of Florida | Date Filed: 2019-05-02

Citation: 269 So. 3d 662

Snippet: incurred at the request of law enforcement. § 713.78(2)(d), Fla. Stat. The statute also sets forth

In Re: Standard Jury Instructions in Criminal Cases - Report 2017-11

Court: Supreme Court of Florida | Date Filed: 2018-12-28

Snippet: the Department of Juvenile Justice. § 784.078(2), Fla. Stat. An “employee” is any person [employed

In Re: Standard Jury Instructions in Criminal Cases-Report 2017-11.

Court: Supreme Court of Florida | Date Filed: 2018-12-20

Citation: 260 So. 3d 930

Snippet: Department of Juvenile Justice. § 784.078(2), Fla. Stat. An "employee" is any person

Elisia D. Preudhomme, Former Wife v. Kenneth Preudhomme, Former Husband

Court: District Court of Appeal of Florida | Date Filed: 2018-05-03

Citation: 245 So. 3d 989

Snippet: the mother. 196 So. 3d at 1275-78. 2 This Court reversed for several

State v. Moss

Court: District Court of Appeal of Florida | Date Filed: 2016-04-06

Citation: 194 So. 3d 402, 2016 WL 1357710, 2016 Fla. App. LEXIS 5248

Snippet: its own docket. See generally, 88 C.J.S. Trial § 78 2 The document to which we have not made privy is

RSC Corp. v. Hertz Vehicles, LLC

Court: District Court of Appeal of Florida | Date Filed: 2012-06-22

Citation: 90 So. 3d 358, 2012 WL 2359660, 2012 Fla. App. LEXIS 10103

Snippet: possession and disposition in violation of section 713.78; (2) unjust enrichment; (3) conversion; and (4) civil

Youngblood v. Youngblood

Court: District Court of Appeal of Florida | Date Filed: 2012-06-13

Citation: 91 So. 3d 190, 2012 WL 2125940, 2012 Fla. App. LEXIS 9564

Snippet: attorneys’ time was 9.7 hours at the $400 rate and 78.2 hours at $300. Paralegal time totaled 4.9 hours

In Re Standard Jury Instructions in Civil Cases—Report No. 09-01

Court: Supreme Court of Florida | Date Filed: 2010-03-04

Citation: 35 So. 3d 666, 35 Fla. L. Weekly Supp. 149, 2010 Fla. LEXIS 302

Snippet: medical negligence claims, see F.S. 768.77(2) and 768.78(2)(a). FORM 2(a). MODEL FORM OF VERDICT FOR PERSONAL

Williams v. State

Court: District Court of Appeal of Florida | Date Filed: 2007-01-10

Citation: 946 So. 2d 622, 2007 Fla. App. LEXIS 170, 2007 WL 57827

Snippet: written sentence, however, reflects a sentence of 78.2 months’ imprisonment. The trial court did not rule

Standard Jury Inst-Civ. Cases (01-1 & 01-2)

Court: Supreme Court of Florida | Date Filed: 2002-06-06

Citation: 825 So. 2d 277, 27 Fla. L. Weekly Supp. 555, 2002 Fla. LEXIS 1158, 2002 WL 1232963

Snippet: damages are "economic" within the meaning of § 768.78(2) and require itemization of years and reduction

Agricultural Land Services Inc. v. State Department of Transportation

Court: District Court of Appeal of Florida | Date Filed: 1998-06-15

Citation: 715 So. 2d 297, 1998 Fla. App. LEXIS 7159, 1998 WL 316573

Snippet: individual” under Florida Administrative Code Rule 14-78.002(18)(a)(6), because she is a woman. ALS applied

State Contracting v. Dept. of Transp.

Court: District Court of Appeal of Florida | Date Filed: 1998-04-09

Citation: 709 So. 2d 607, 1998 WL 161227

Snippet: any contract with the Department. Subsection 14-78(2)(b)3.c. provides: A DBE Utilization Form will be

Psychiatric Institute of Del-Ray, Inc. v. Keel

Court: District Court of Appeal of Florida | Date Filed: 1998-03-18

Citation: 717 So. 2d 1042, 1998 Fla. App. LEXIS 2635

Snippet: rather than in a lump sum, pursuant to section 768.78(2)(a), Florida Statutes (1997). Plaintiff responds

MEADOW GROVES MANAGEMENT v. McKnight

Court: District Court of Appeal of Florida | Date Filed: 1997-01-24

Citation: 689 So. 2d 315, 1997 Fla. App. LEXIS 247, 1997 WL 24247

Snippet: injunction but for an incorrect reason. Section 713.78(2) entitles a person regularly engaged in the business

Quinn v. State

Court: District Court of Appeal of Florida | Date Filed: 1995-09-29

Citation: 662 So. 2d 947, 1995 WL 412367

Snippet: disadvantaged individuals. Fla. Admin. Code R. 14-78.002(1). [2] Fla. Admin. Code R. 14-78.005(3)(e). [3]

Debose v. Department of Health & Rehabilitative Services

Court: District Court of Appeal of Florida | Date Filed: 1992-05-05

Citation: 598 So. 2d 195, 1992 Fla. App. LEXIS 5128, 1992 WL 91395

Snippet: “receive prompt action.” Fla.Admin.Code Rule 1001.078(2). Under the Code, “[t]he Department has 45 calendar

J.E. Hill Contractor, Inc. v. Florida Department of Transportation

Court: District Court of Appeal of Florida | Date Filed: 1992-04-20

Citation: 597 So. 2d 402, 1992 Fla. App. LEXIS 4309, 1992 WL 76738

Snippet: contained in Florida Administrative Code Rule 14-78.002, the presumption being that certain Native Americans