78.03

Jurisdiction.

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78.03 Jurisdiction.—An action for replevin must be brought in a court of competent jurisdiction based on the value of the property sought to be replevied. When property consists of separate articles, the value of any one of which is within the jurisdiction of a lower court but taken together will exceed that jurisdiction, the plaintiff may not divide the property to give jurisdiction to the lower court to enable the plaintiff to bring separate actions therefor.

History.—s. 14, Mar. 11, 1845; RS 1709; GS 2173; RGS 3478; CGL 5331; s. 28, ch. 67-254; s. 1, ch. 73-20; s. 15, ch. 73-334; s. 1, ch. 93-81.

Notes of Decisions

Cited in 8 cases, 1981–2014 · leading case: Zuckerman v. Professional Writers of Florida, Inc.

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Zuckerman v. Professional Writers of Florida, Inc. (1981) fladistctapp · cites it 2× “Appellants also claim that the circuit court did not have jurisdiction over the matter pursuant to Section 78.03, Florida Statutes (1979). That section provides that a replevin action shall be brought in the court which has jurisdiction of the value of the property sought to be…”

Hutchens v. MAXICENTERS, USA (1989) fladistctapp · cites it 2× “§ 78.03, Fla. Stat. (1987). However, we agree with Hutchens that the trial court erred in requiring a replevin bond of only

Aysisayh v. Ellis (1986) fladistctapp “" Section 78.03 establishes venue and jurisdiction requirements for replevin actions, and states that "[t]he action shall be brought in the court in the county where the property is which has jurisdiction of the value of the property sought to be replevied " (emphasis supplied).”

Johnson v. American First Federal, Inc. (2014) fladistctapp · cites it 3× “” The court in Aysisayh quoted and highlighted the statute as then written, saying: Section 78.03 establishes venue and jurisdiction requirements for replevin actions, and states that ‘[t]he action shall be brought in the court in the county where the property is which has…”

New Holland, Inc. v. Trunk (1987) fladistctapp · cites it 2× “§ 78.03, Fla.Stat. (1985). In a multi-count suit or one involving claims and counterclaims the court cannot change venue of only a portion of the entire lawsuit.”

LANDMARK FIRST NAT. BK. v. Beach Bait and Tackle Shop, Inc. (1983) fladistctapp “The court shall set down such motion for an immediate hearing. This motion shall be in lieu of the provisions of subsection (4).”

Huri Enterprises, Inc. v. Spectacular Midways, Inc. (1988) fladistctapp · cites it 2× “Section 78.03, Florida Statutes (1987) provides as follows: 78.”

Rea v. Compactor-Baler Service, Inc. (1993) fladistctapp · cites it 2× “CBS’s application for an injunction commanding Rea to return “all property belonging to [the corporation], including its books, records, personal property, accounts, funds, telephone, [and] telephone number” asserts an action in replevin.”

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