Florida Statute 78.55 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 78
REPLEVIN

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F.S. 78.055

78.055 Complaint; requirements.—To obtain an order authorizing the issuance of a writ of replevin prior to final judgment, the plaintiff shall first file with the clerk of the court a complaint reciting and showing 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, and belief of the plaintiff of the value of such property and its location.

(2) A statement that the plaintiff is the owner of the claimed property or is entitled to possession of it, describing the source of such title or right. If the plaintiff’s interest in such property is based on a written instrument, a copy of said instrument must be attached to the complaint.

(3) A statement that the property is wrongfully detained by the defendant, the means by which the defendant came into possession thereof, and the cause of such detention according to the best knowledge, information, and belief of the plaintiff.

(4) A statement that the claimed property has not been taken for a tax, assessment, or fine pursuant to law.

(5) A statement that the property has not been taken under an execution or attachment against the property of the plaintiff or, if so taken, that it is by law exempt from such taking, setting forth a reference to the exemption law relied upon.

History.—s. 1, ch. 73-20; s. 3, ch. 76-19.

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Amendments to 78.055

Annotations, Discussions, Cases:

Cases Citing Statute 78.055

Total Results: 15

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

2d Replevin § 13 (1973). This is the reason section 78.055(1), Florida Statutes, requires every complaint

Comcoa, Inc. v. Coe

587 So. 2d 474, 1991 WL 139152

District Court of Appeal of Florida | Filed: Jul 30, 1991 | Docket: 1405837

Cited 12 times | Published

two separate and distinct procedures. Under F.S. 78.055 and *477 78.075, a mini-trial known as a "show

Al-Hakim v. Holder

787 So. 2d 939, 2001 WL 584409

District Court of Appeal of Florida | Filed: Jun 1, 2001 | Docket: 1744897

Cited 10 times | Published

in order to state a claim for replevin under section 78.055, Florida Statutes (1999). Al-Hakim failed to

Williams v. Kloeppel

537 So. 2d 1033, 1988 WL 138482

District Court of Appeal of Florida | Filed: Dec 29, 1988 | Docket: 426859

Cited 9 times | Published

collateral in order to comply with the provisions of § 78.055(1), which states that a replevin complaint must

Lease Fin. v. Nat. Commuter Airlines

462 So. 2d 564

District Court of Appeal of Florida | Filed: Jan 15, 1985 | Docket: 1510000

Cited 6 times | Published

verified complaint for replevin pursuant to section 78.055, Florida Statutes (1983), seeking possession

Lámar v. Universal Supply Co., Inc.

452 So. 2d 627

District Court of Appeal of Florida | Filed: Jun 7, 1984 | Docket: 474536

Cited 5 times | Published

be "wrongfully detained," as is required by section 78.055, Florida Statutes (1983). Ethiopian Zion Coptic

Ethiopian Zion Coptic Church v. City of Miami Beach

376 So. 2d 925, 1979 Fla. App. LEXIS 16096

District Court of Appeal of Florida | Filed: Nov 13, 1979 | Docket: 64572725

Cited 5 times | Published

appellees/defendants (as is necessarily required under Section 78.055, Florida Statutes (1976) in order to obtain

Midland-Guardian Co. v. Hagin

370 So. 2d 25

District Court of Appeal of Florida | Filed: Apr 20, 1979 | Docket: 1386004

Cited 5 times | Published

contains sufficient allegations to comply with Section 78.055, Florida Statutes (1975). [2] It should be

REGINALD S. WHITE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 15, 2024 | Docket: 68344003

Published

civil court that satisfies the requirements of section 78.055, Florida Statutes (2024). Affirmed. SILBERMAN

PNCEF, LLC v. South Aviation, Inc.

60 So. 3d 1120, 2011 Fla. App. LEXIS 6660, 2011 WL 1775822

District Court of Appeal of Florida | Filed: May 11, 2011 | Docket: 60300064

Published

a prejudgment writ of replevin pursuant to Section 78.055, Florida Statutes (2010), to recover four aircraft

Prism Educational Systems, Inc. v. Quest Achievement Corp.

51 So. 3d 1262, 2011 Fla. App. LEXIS 550, 2011 WL 222332

District Court of Appeal of Florida | Filed: Jan 26, 2011 | Docket: 60297534

Published

complied with the statutory requirements of section 78.055, Florida Statutes (2010), it was entitled to

21st Century Satellite Communications, Inc. v. Deer Creek Ltd. (In re 21st Century Satellite Communications, Inc.)

272 B.R. 797, 15 Fla. L. Weekly Fed. B 80, 2002 Bankr. LEXIS 92

United States Bankruptcy Court, M.D. Florida | Filed: Jan 10, 2002 | Docket: 65782291

Published

Deer Ltd. contends that under Florida Statutes § 78.055, a replevin action must be based on the wrongful

Medina v. Star Holding Co. No. 1

588 So. 2d 1032, 1991 Fla. App. LEXIS 11046, 1991 WL 225495

District Court of Appeal of Florida | Filed: Nov 5, 1991 | Docket: 64662897

Published

plaintiffs predecessor-in-interest and the defendant, § 78.-055(2), Fla.Stat. (1989), and (b) the defendant was

Keefe v. City of Hollywood

487 So. 2d 311, 11 Fla. L. Weekly 954, 1986 Fla. App. LEXIS 7409

District Court of Appeal of Florida | Filed: Apr 23, 1986 | Docket: 64618834

Published

said he could not. We disagree and reverse. Section 78.055, Florida Statutes (1985), specifies that a

Wickham v. Famco Services, Inc.

350 So. 2d 1159, 1977 Fla. App. LEXIS 16643

District Court of Appeal of Florida | Filed: Oct 26, 1977 | Docket: 64560736

Published

being wrongfully withheld by the defendant. Section 78.055, Florida Statutes (1973). If the plaintiff