78.055
Complaint; requirements.
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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.
Notes of Decisions
Cited in 20
cases (4 in the last 5 years), 1976–2026 · leading case: Future Tech International, Inc. v. Tae Il Media, Ltd.
Future Tech International, Inc. v. Tae Il Media, Ltd. (1996)
“Fla.Stat. § 78.055. Moreover, a prejudgment writ of replevin: (1) .”
Lease Fin. v. Nat. Commuter Airlines (1985)
“LFC, therefore, filed a verified complaint for replevin pursuant to section 78.055, Florida Statutes (1983), seeking possession of the 274 aircraft and all the records and parts of the 274 aircraft and the 486 aircraft.”
Al-Hakim v. Holder (2001)
“It did not contain the requisite allegations in order to state a claim for replevin under section 78.055, Florida Statutes (1999). Al-Hakim failed to allege the value of the car, that the car was not taken for a tax, assessment, or fine, and that the car was not taken under…”
Williams Management Enterprises v. Buonauro (1986)
“This is the reason section 78.055(1), Florida Statutes, requires every complaint in replevin to contain "a description of the claimed property that is sufficient to make possible its identification .”
Lámar v. Universal Supply Co., Inc. (1984)
“Lastly, the sheriff argues that contraband articles cannot be justifiably replevied because, by definition, such articles cannot be "wrongfully detained," as is required by section 78.055, Florida Statutes (1983). Ethiopian Zion Coptic Church v.”
Midland-Guardian Co. v. Hagin (1979)
“Our review of the pleading shows that it contains sufficient allegations to comply with Section 78.055, Florida Statutes (1975). [2] It should be noted that the request by Midland-Guardian was made only after the trial judge furnished written notice to counsel that he was…”
Comcoa, Inc. v. Coe (1991)
“Under F.S. 78.055 and *477 78.075, a mini-trial known as a "show cause hearing" must occur before a replevin writ will issue.”
Ethiopian Zion Coptic Church v. City of Miami Beach (1979)
“advanced, we have determined that the trial court was correct in its dismissal of the complaints on the basis that the subject matter of the replevy actions is contraband under Chapter 893, Florida Statutes (1976), and, as such, appel *926 lant cannot justifiably claim that the…”
Wickham v. Famco Services, Inc. (1977)
“Section 78.055, Florida Statutes (1973). If the plaintiff prevails on this issue, damages incident to the wrongful withholding of possession may then be assessed.”
Williams v. Kloeppel (1988)
“In the instant case, Williams provided an estimate of value of the collateral in order to comply with the provisions of § 78.055(1), which states that a replevin complaint must contain "a statement, to the best knowledge, information, and belief of the plaintiff of the value of…”
Keefe v. City of Hollywood (1986)
“Section 78.055, Florida Statutes (1985), specifies that a complaint in a replevin action should contain a statement that the plaintiff is the owner of the claimed property or is entitled to pdssession of it.”
BABIECA CAPITAL, LP v. COHEN ANYTIME, INC. (2025)
“]” Fla. Stat. §§ 78.055 (1), (3). Importantly, as to Plaintiff’s replevin claim against Builes, “the action of replevin is inappropriate and unavailable when the personalty converted is, as a practical matter, incapable of being specifically described in a writ of replevin and…”
— 78.055(1) — 3 cases
Williams Management Enterprises v. Buonauro (1986)
“This is the reason section 78.055(1), Florida Statutes, requires every complaint in replevin to contain "a description of the claimed property that is sufficient to make possible its identification .”
Williams v. Kloeppel (1988)
“In the instant case, Williams provided an estimate of value of the collateral in order to comply with the provisions of § 78.055(1), which states that a replevin complaint must contain "a statement, to the best knowledge, information, and belief of the plaintiff of the value of…”
BABIECA CAPITAL, LP v. COHEN ANYTIME, INC. (2025)
“]” Fla. Stat. §§ 78.055 (1), (3). Importantly, as to Plaintiff’s replevin claim against Builes, “the action of replevin is inappropriate and unavailable when the personalty converted is, as a practical matter, incapable of being specifically described in a writ of replevin and…”
— 78.055(2) — 2 cases
Future Tech International, Inc. v. Tae Il Media, Ltd. (1996)
“Fla.Stat. § 78.055. Moreover, a prejudgment writ of replevin: (1) .”
Lease Fin. v. Nat. Commuter Airlines (1985)
“LFC, therefore, filed a verified complaint for replevin pursuant to section 78.055, Florida Statutes (1983), seeking possession of the 274 aircraft and all the records and parts of the 274 aircraft and the 486 aircraft.”
— 78.055(3) — 1 case
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