Florida Statutes
Fla. Stat. § 78.02 (2025)
What may not be taken by replevin.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 8
cases, 1961–1989 · leading case: Brescher v. Assocs. Fin. Serv. Co., 460 So. 2d 464 (Fla. 4th DCA 1984).
Brescher v. Assocs. Fin. Serv. Co., 460 So. 2d 464 (Fla. 4th DCA 1984). “80, that the provisions of section 78.02, Florida Statutes (1983), did not exempt the automobile from replevin, and that Associates was entitled to immediate possession.”
Williams Mgmt. Enter. v. Buonauro, 489 So. 2d 160 (Fla. 5th DCA 1986). “Later, it was extended to any wrongful taking of personally and, now in Florida by statute, it lies for any wrongful taking or wrongful detention of any specific personal property.”
Moresca v. Allstate Ins. Co., 231 So. 2d 283 (Fla. 4th DCA 1970). “Section 78.02, F.S.1967, F.S.A. lists the types of property which may not be taken by replevin.”
Sec. Underwriting Consultants, Inc. v. Collins, Tuttle Inv. Corp., 173 So. 2d 752 (Fla. 3d DCA 1965). “§ 78.02(4) F.S., F.S.A. As our Supreme Court said: “[T]he power to direct a verdict should be cautiously exercised in order to avoid encroaching on a party’s right to a jury trial in a common law action.”
City of Miami Beach v. Millpin, Inc., 389 So. 2d 283 (Fla. 3d DCA 1980). “1943); § 78.02 Fla.Stat. (1979). Affirmed.”
Boynton v. Harbison, 135 So. 2d 234 (Fla. 2d DCA 1961). “153 ; F.S. § 78.02(4), F.S.A. Affirmed. SHANNON, C.”
Robinson v. Cinema Int'l, Ltd., 356 So. 2d 843 (Fla. 4th DCA 1978). “Research does not reveal any recent Florida cases which pass on the propriety of filing a counterclaim in an action for re-plevin, although Fla.”
Am. E. Inv. Corp. v. Original Oliver, Inc., 549 So. 2d 711 (Fla. 4th DCA 1989). “The majority adopts the appellant’s argument. I acknowledge that no action for replevin shall lie for any person unless he has a right to reduce the goods taken into his possession.”
— 78.02(3) — 1 case
Robinson v. Cinema Int'l, Ltd., 356 So. 2d 843 (Fla. 4th DCA 1978). “Research does not reveal any recent Florida cases which pass on the propriety of filing a counterclaim in an action for re-plevin, although Fla.”
— 78.02(4) — 4 cases
Williams Mgmt. Enter. v. Buonauro, 489 So. 2d 160 (Fla. 5th DCA 1986). “Later, it was extended to any wrongful taking of personally and, now in Florida by statute, it lies for any wrongful taking or wrongful detention of any specific personal property.”
Sec. Underwriting Consultants, Inc. v. Collins, Tuttle Inv. Corp., 173 So. 2d 752 (Fla. 3d DCA 1965). “§ 78.02(4) F.S., F.S.A. As our Supreme Court said: “[T]he power to direct a verdict should be cautiously exercised in order to avoid encroaching on a party’s right to a jury trial in a common law action.”
Boynton v. Harbison, 135 So. 2d 234 (Fla. 2d DCA 1961). “153 ; F.S. § 78.02(4), F.S.A. Affirmed. SHANNON, C.”
Am. E. Inv. Corp. v. Original Oliver, Inc., 549 So. 2d 711 (Fla. 4th DCA 1989). “The majority adopts the appellant’s argument. I acknowledge that no action for replevin shall lie for any person unless he has a right to reduce the goods taken into his possession.”
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