Florida Statute 78.055 | Lawyer Caselaw & Research

The 2024 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.

F.S. 78.055 on Google Scholar

F.S. 78.055 on Casetext

Amendments to 78.055

Arrestable Offenses / Crimes under Fla. Stat. 78.055

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 78.055.

Annotations, Discussions, Cases:

Cases Citing Statute 78.055

Total Results: 20

REGINALD S. WHITE v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2024-03-15

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

PNCEF, LLC v. South Aviation, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2011-05-11

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 2011-01-26

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

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

Ago

Court: Florida Attorney General Reports | Date Filed: 2002-09-11

Snippet: for the respective law enforcement personnel); 78-55 (1978) (governing body of a county may purchase

Al-Hakim v. Holder

Court: District Court of Appeal of Florida | Date Filed: 2001-06-01

Citation: 787 So. 2d 939, 2001 WL 584409

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

Dunsizer v. State

Court: District Court of Appeal of Florida | Date Filed: 1999-02-26

Citation: 746 So. 2d 1093, 1999 Fla. App. LEXIS 2183, 1999 WL 94970

Snippet: foul, blows. See Berger v. United States, 295 U.S. 78, 55 S.Ct. 629, 79 L.Ed. 1314 (1935). Arguing facts

Hampton v. State

Court: District Court of Appeal of Florida | Date Filed: 1996-10-16

Citation: 680 So. 2d 581

Snippet: to ignore. In Berger v. United States, 295 U.S. 78, 55 S.Ct. 629, 79 L.Ed. 1314 (1935), the court discussed

Ago

Court: Florida Attorney General Reports | Date Filed: 1996-08-16

Snippet: sheriff's office). See also, Op. Att'y Gen. Fla. 78-55 (1978), concluding that it is the duty and responsibility

Ward v. 3900 Condominium Ass'n

Court: District Court of Appeal of Florida | Date Filed: 1996-04-03

Citation: 670 So. 2d 1182, 1996 Fla. App. LEXIS 3324, 1996 WL 149064

Snippet: for $1,175 in unpaid condominium assessments, $78.55 as interest, $13,100 for attorney’s fees and $1

State v. Lozano

Court: District Court of Appeal of Florida | Date Filed: 1993-03-10

Citation: 616 So. 2d 73, 1993 WL 64801

Snippet: quoting from Berger v. United States, 295 U.S. 78, 55 S.Ct. 629, 79 L.Ed. 1314 (1935). See also Frazier

Classic Revivals Ltd. v. Torres

Court: District Court of Appeal of Florida | Date Filed: 1992-06-23

Citation: 600 So. 2d 47, 1992 Fla. App. LEXIS 7223, 1992 WL 139118

Snippet: statutory bases for the issuance of such a writ, see §§ 78.055, 78.075, 78.068, Fla.Stat. (1991), was complied

Medina v. Star Holding Co. No. 1

Court: District Court of Appeal of Florida | Date Filed: 1991-11-05

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

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

Comcoa, Inc. v. Coe

Court: District Court of Appeal of Florida | Date Filed: 1991-07-30

Citation: 587 So. 2d 474, 1991 WL 139152

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

Williams v. Kloeppel

Court: District Court of Appeal of Florida | Date Filed: 1988-12-29

Citation: 537 So. 2d 1033, 1988 WL 138482

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

Williams Management Enterprises v. Buonauro

Court: District Court of Appeal of Florida | Date Filed: 1986-05-29

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

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

Keefe v. City of Hollywood

Court: District Court of Appeal of Florida | Date Filed: 1986-04-23

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

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

Lease Fin. v. Nat. Commuter Airlines

Court: District Court of Appeal of Florida | Date Filed: 1985-01-15

Citation: 462 So. 2d 564

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

Boatwright v. State

Court: District Court of Appeal of Florida | Date Filed: 1984-07-18

Citation: 452 So. 2d 666

Snippet: strike foul ones." Berger v. United States, 295 U.S. 78, 55 S.Ct. 629, 79 L.Ed. 1314 (1935). We discussed the

Lámar v. Universal Supply Co., Inc.

Court: District Court of Appeal of Florida | Date Filed: 1984-06-07

Citation: 452 So. 2d 627

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

Ago

Court: Florida Attorney General Reports | Date Filed: 1981-12-29

Snippet: operating needs of the sheriff's office. Cf. AGO 078-55 which concluded that in reference to the decision