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Florida Statute 78.055 | Lawyer Caselaw & Research
F.S. 78.055 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 78.055

The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 78
REPLEVIN
View Entire Chapter
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 from cite.case.law:

IN RE GAGOW, St. LLC, LLC,, 590 B.R. 517 (Bankr. Nev. 2018)

. . . NRS 78.030 through NRS 78.055 specify the requirements for the formation of a private corporation in . . .

PNCEF, LLC, v. SOUTH AVIATION, INC., 60 So. 3d 1120 (Fla. Dist. Ct. App. 2011)

. . . The appellant lender moved for a prejudgment writ of replevin pursuant to Section 78.055, Florida Statutes . . . Section 78.055, Florida Statutes (2010), provides that “[t]o obtain an order authorizing the issuance . . .

PRISM EDUCATIONAL SYSTEMS, INC. v. QUEST ACHIEVEMENT CORPORATION, a, 51 So. 3d 1262 (Fla. Dist. Ct. App. 2011)

. . . Because Prism complied with the statutory requirements of section 78.055, Florida Statutes (2010), it . . . Section 78.055 requires that, prior to issuance of a writ of replevin, a plaintiff must file a complaint . . . Because Prism complied with section 78.055, it was entitled to a show cause hearing and it was error . . .

In CENTURY SATELLITE COMMUNICATIONS, INC. a a v., 272 B.R. 797 (Bankr. M.D. Fla. 2002)

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

AL- HAKIM, v. R. HOLDER,, 787 So. 2d 939 (Fla. Dist. Ct. App. 2001)

. . . It did not contain the requisite allegations in order to state a claim for replevin under section 78.055 . . .

FUTURE TECH INTERNATIONAL, INC. a v. TAE IL MEDIA, LTD. IL U. S. A., 944 F. Supp. 1538 (S.D. Fla. 1996)

. . . . § 78.055. . . . Fla.Stat. § 78.055(2); see also Ethiopian Zion Coptic Church v. . . .

CLASSIC REVIVALS LIMITED, INC. v. TORRES,, 600 So. 2d 47 (Fla. Dist. Ct. App. 1992)

. . . was likewise erroneous because neither of the statutory bases for the issuance of such a writ, see §§ 78.055 . . .

COMCOA, INC. v. M. COE,, 587 So. 2d 474 (Fla. Dist. Ct. App. 1991)

. . . Under F.S. 78.055 and 78.075, a mini-trial known as a “show cause hearing” must occur before a re-plevin . . .

H. WILLIAMS, v. KLOEPPEL, d b a a k a, 537 So. 2d 1033 (Fla. Dist. Ct. App. 1988)

. . . Williams provided an estimate of value of the collateral in order to comply with the provisions of § 78.055 . . .

WILLIAMS MANAGEMENT ENTERPRISES, INC. v. H. BUONAURO,, 489 So. 2d 160 (Fla. Dist. Ct. App. 1986)

. . . This is the reason section 78.055(1), Florida Statutes, requires every complaint in replevin to contain . . .

F. KEEFE, v. CITY OF HOLLYWOOD,, 487 So. 2d 311 (Fla. Dist. Ct. App. 1986)

. . . Section 78.055, Florida Statutes (1985), specifies that a complaint in a replevin action should contain . . .

LEASE FINANCING CORPORATION, v. NATIONAL COMMUTER AIRLINES, INC., 462 So. 2d 564 (Fla. Dist. Ct. App. 1985)

. . . LFC, therefore, filed a verified complaint for re-plevin pursuant to section 78.055, Florida Statutes . . . See § 78.055(2), Fla.Stat. (1983). A copy of the contract was attached to the complaint. . . .

L. LAMAR, v. UNIVERSAL SUPPLY COMPANY, INC., 452 So. 2d 627 (Fla. Dist. Ct. App. 1984)

. . . replevied because, by definition, such articles cannot be “wrongfully detained,” as is required by section 78.055 . . .

ETHIOPIAN ZION COPTIC CHURCH, v. CITY OF MIAMI BEACH, a, 376 So. 2d 925 (Fla. Dist. Ct. App. 1979)

. . . is being wrongfully detained by the appellees/defendants (as is necessarily required under Section 78.055 . . .

MIDLAND- GUARDIAN COMPANY, v. T. HAGIN, A. R., 370 So. 2d 25 (Fla. Dist. Ct. App. 1979)

. . . Our review of the pleading shows that it contains sufficient allegations to comply with Section 78.055 . . .

J. WICKHAM v. FAMCO SERVICES, INC., 350 So. 2d 1159 (Fla. Dist. Ct. App. 1977)

. . . Section 78.055, Florida Statutes (1973). . . .

FIRST NATIONAL BANK TRUST CO. OF RIVIERA BEACH v. BERRY,, 44 Fla. Supp. 159 (Palm Beach Cty. Ct. 1976)

. . . The sheriff, a defendant in replevin, contends that Florida Statute 78.055 (the Replevin Statute) does . . . and it must logically follow that the sheriff cannot be considered a proper party to an action under §78.055 . . .