Florida Statute 78.2 - Full Text and Legal Analysis

The 2025 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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Amendments to 78.02

Annotations, Discussions, Cases:

Cases Citing Statute 78.02

Total Results: 11

Williams Management Enterprises v. Buonauro

489 So. 2d 160, 11 Fla. L. Weekly 1204, 1986 Fla. App. LEXIS 8524

District Court of Appeal of Florida | Filed: May 29, 1986 | Docket: 1528902

Cited 18 times | Published

§ 78.01, Fla. Stat. It is a possessory action (§ 78.02(4), Fla. Stat.) and the object is to enable the

Brescher v. Associates Fin. Serv. Co.

460 So. 2d 464, 39 U.C.C. Rep. Serv. (West) 1874

District Court of Appeal of Florida | Filed: Dec 5, 1984 | Docket: 1767043

Cited 6 times | Published

they owed $3,760.80, that the provisions of section 78.02, Florida Statutes (1983), did not exempt the

State v. Moss

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

District Court of Appeal of Florida | Filed: Apr 6, 2016 | Docket: 3051122

Cited 1 times | Published

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

Andrew E. Roth v. Austin Russell

Court of Appeals for the Eleventh Circuit | Filed: Jun 2, 2025 | Docket: 68481226

Published

Argued: May 2, 2025

“irrespective” of intent), with 15 U.S.C. § 78(2)(b) (stating that liability only obtains to “knowing

Focht v. Heebner

223 F.3d 1296, 2000 WL 1199213

Court of Appeals for the Eleventh Circuit | Filed: Aug 23, 2000 | Docket: 395983

Published

the capital of the debtor.” Id. § 78///(2)(B). Case law has established that individuals

American Eastern Investment Corp. v. Original Oliver, Inc.

549 So. 2d 711, 14 Fla. L. Weekly 2198, 1989 Fla. App. LEXIS 5089, 1989 WL 106995

District Court of Appeal of Florida | Filed: Sep 20, 1989 | Docket: 64645259

Published

to reduce the goods taken into his possession. § 78.02(4), Fla.Stat. (1987). I further acknowledge that

City of Miami Beach v. Millpin, Inc.

389 So. 2d 283

District Court of Appeal of Florida | Filed: Oct 7, 1980 | Docket: 64578446

Published

See Bloch v. Frick, 12 So.2d 604 (Fla.1943); § 78.02 Fla.Stat. (1979). Affirmed.

Robinson v. Cinema International, Ltd.

356 So. 2d 843, 1978 Fla. App. LEXIS 15121

District Court of Appeal of Florida | Filed: Mar 14, 1978 | Docket: 64563566

Published

2d 111 (Fla. 3d DCA 1964). Nor do we construe § 78.02(3) to bar a counterclaim in a replevin action as

Moresca v. Allstate Insurance Co.

231 So. 2d 283, 1970 Fla. App. LEXIS 6929

District Court of Appeal of Florida | Filed: Feb 6, 1970 | Docket: 64513129

Published

property is exempt from execution or attachment (Section 78.-02(2), F.S.1967, F.S.A.) or is claimed by some

Security Underwriting Consultants, Inc. v. Collins, Tuttle Investment Corp.

173 So. 2d 752, 1965 Fla. App. LEXIS 4502

District Court of Appeal of Florida | Filed: Apr 13, 1965 | Docket: 64492684

Published

of the property at the time suit was commenced. § 78.02(4) F.S., F.S.A. As our Supreme Court said: “[T]he

Boynton v. Harbison

135 So. 2d 234

District Court of Appeal of Florida | Filed: Dec 8, 1961 | Docket: 60220938

Published

69; Holliday v. McKinne, 1886, 22 Fla. 153; F.S. § 78.02(4), F.S.A. Affirmed. SHANNON, C. J., and KANNER