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Florida Statute 78.065 | Lawyer Caselaw & Research
F.S. 78.065 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 78.065

The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 78
REPLEVIN
View Entire Chapter
F.S. 78.065
78.065 Order to show cause; contents.
(1) The court without delay shall examine the complaint filed; and, if on the basis of the complaint and further showing of the plaintiff in support of it the court finds that the defendant has waived in accordance with s. 78.075 his or her right to be notified and heard, the court shall promptly issue an order authorizing the clerk of the court to issue a writ of replevin.
(2) If, upon examination of the complaint filed and on further showing of the plaintiff in support of it, the court finds that the defendant has not waived in accordance with s. 78.075 his or her right to be notified and heard, the court shall promptly issue an order directed to the defendant to show cause why the claimed property should not be taken from the possession of the defendant and delivered to plaintiff. Such order shall:
(a) Fix the date and time for hearing on the order. However, the date for the hearing shall not be set sooner than 5 days after the service of the order.
(b) Direct the time within which service of the order and the complaint shall be made upon the defendant.
(c) Fix the manner in which service of the order shall be made on the defendant. The order shall direct that service as provided by law shall be made on the defendant if such service is possible or, in the event the officer serving the order is unable to serve such defendant as provided by law within the time specified in paragraph (b), that the officer shall place the order, together with the summons, on or in the claimed property or on the main entrance of the defendant’s residence. The officer’s return shall state that the officer was unable to locate the defendant and how the order was served.
(d) State that the nonpersonal service as provided herein shall be effective to afford notice to the defendant of the show cause order, but for no other purpose.
(e) State that the defendant has the right to file affidavits on his or her behalf with the court and may appear personally or by way of an attorney and present testimony on his or her behalf at the time of the hearing, or that the defendant may, upon a finding by the court pursuant to s. 78.067(2) that the plaintiff is entitled to the possession of the claimed property pending final adjudication of the claims of the parties, file with the court a written undertaking executed by a surety approved by the court in an amount equal to the value of the property to stay an order authorizing the delivery of the property to the plaintiff.
(f) State that if the defendant fails to appear the defendant shall be deemed to have waived his or her right to a hearing and that in such case the court may order the clerk of the court to issue a writ of replevin.
History.s. 1, ch. 73-20; s. 10, ch. 79-396; s. 5, ch. 83-255; s. 403, ch. 95-147.

F.S. 78.065 on Google Scholar

F.S. 78.065 on Casetext

Amendments to 78.065


Arrestable Offenses / Crimes under Fla. Stat. 78.065
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 78.065.



Annotations, Discussions, Cases:

Cases from cite.case.law:

In AMENDMENTS TO FLORIDA SMALL CLAIMS RULES, 200 So. 3d 746 (Fla. 2016)

. . . these rules are applicable, the clerk of the county court shall set the hearing required by section 78.065 . . .

RUISE, v. Y. ETHERIDGE,, 95 So. 3d 896 (Fla. Dist. Ct. App. 2012)

. . . from issuance of mandate in this cause, the circuit court shall comply with the dictates of Section 78.065 . . . , Florida Statutes, by either directing the clerk to issue a writ of replevin pursuant to Section 78.065 . . . (1), or by issuing an order to show cause complying with the requirements of Section 78.065(2). . . .

R. WEINBERG, M. D. v. SIEMENS FINANCIAL SERVICES, INC., 88 So. 3d 220 (Fla. Dist. Ct. App. 2011)

. . . First, “[pjursuant to sections 78.065 and 78.067, and in the absence of an effective waiver, the defendant . . .

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

. . . .” § 78.065(2). . . .

C. BROWN, v. REYNOLDS, 872 So. 2d 290 (Fla. Dist. Ct. App. 2004)

. . . motion for the issuance of a writ of replevin prior to the entry of final judgment pursuant to sections 78.065 . . . On March 11, 2002, Brown filed a motion pursuant to sections 78.065 and 78.067 requesting the entry of . . . Pursuant to' sections 78.065 and 78.067, and in the absence of an effective waiver, the defendant must . . . Case In this case, Brown filed a “Motion for Hearing and/or Show Cause Order” and invoked sections 78.065 . . . Brown’s motion reflects confusion about the operation of sections 78.065 and 78.067. . . .

AMENDMENTS TO THE FLORIDA SMALL CLAIMS RULES YEAR CYCLE RULES, 849 So. 2d 293 (Fla. 2003)

. . . these rules are applicable, the clerk of the county court shall set the hearing required by section 78.065 . . .

BANK OF THE WEST, v. THOMPSON, 836 So. 2d 1075 (Fla. Dist. Ct. App. 2003)

. . . Superior Rent-A-Car, Inc., 593 So.2d 1079, 1080-81 (Fla. 5th DCA 1992); § 78.065(2), Fla. . . .

EASTMAN KODAK CO. v. THOMAS GORDON ASSOCIATES, INC., 789 So. 2d 360 (Fla. Dist. Ct. App. 2001)

. . . The trial court referred to §§ 78.065-78.068, 78.20, and 78.21, Fla. Stat. . . . .

AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE, 773 So. 2d 1098 (Fla. 2000)

. . . The new form is the replevin order to show cause prescribed by section 78.065, Florida Statutes (1979 . . .

In AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE, 682 So. 2d 105 (Fla. 1996)

. . . The new form is the replevin order to show cause prescribed by section 78.065, Florida Statutes (1979 . . .

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

. . . In T and T, the panel stated in dicta that "[sjection 78.065, Florida statutes (1989), did not require . . . The requirement of bond is not created by section 78.065, however; it appears in section 78.068(3). . . .

MIDWAY MANUFACTURING CO. v. FAMILY FUN CORP., 668 So. 2d 327 (Fla. Dist. Ct. App. 1996)

. . . to possession of personal property, entered after a replevin show cause hearing pursuant to section 78.065 . . .

PRESTIGE RENT- A- CAR, INC. v. ADVANTAGE CAR RENTAL AND SALES, INC. ACRS, 656 So. 2d 541 (Fla. Dist. Ct. App. 1995)

. . . Under sections 78.065 and 78.067, a show cause hearing must occur before a replevin writ is issued. . . .

KINGSWOOD SOUTH INC. v. J. I. CASE CREDIT CORPORATION, f k a d b a, 623 So. 2d 584 (Fla. Dist. Ct. App. 1993)

. . . complaint and an affidavit, the trial court had previously issued an order to show cause under section 78.065 . . . Section 78.065(2)(e) plainly says that the defendant “has the right to file affidavits on his behalf . . .

In AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE, 604 So. 2d 1110 (Fla. 1992)

. . . The new form is the replevin order to show cause prescribed by section 78.065, Florida Statutes (1979 . . .

In AMENDMENTS TO THE FLORIDA SMALL CLAIMS RULES, 601 So. 2d 1201 (Fla. 1992)

. . . these rules are applicable, the clerk of the county court shall set the hearing required by Ssection 78.065 . . .

MORSE OPERATIONS, INC. d b a a v. SUPERIOR RENT- A- CAR, INC., 593 So. 2d 1079 (Fla. Dist. Ct. App. 1992)

. . . its right to possession of some 1,150 automobiles, after a show cause hearing pursuant to sections 78.065 . . . Morse elected to proceed pursuant to sections 78.065 and 78.067. . . .

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

. . . application for subsequent hearing before the court, after notice to the defendant, as is prescribed under 78.065 . . . [e.s.] . 78.065 Order to show cause; contents.— (1) The court without delay shall examine the complaint . . .

T AND T AIR CHARTER, INC. v. DUNCAN AIRCRAFT SALES,, 566 So. 2d 361 (Fla. Dist. Ct. App. 1990)

. . . Section 78.065, Florida Statutes (1989), did not require appellee as the party seeking replevin to post . . .

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

. . . . § 78.065(2)(e), Fla.Stat. (1985). . . .

In THE FLORIDA BAR SMALL CLAIMS RULES, 537 So. 2d 81 (Fla. 1988)

. . . these rules are applicable, the clerk of the county court shall set the hearing required by Section 78.065 . . .

In THE FLORIDA BAR SMALL CLAIMS RULES, 531 So. 2d 138 (Fla. 1988)

. . . these rules are applicable, the Clerk of the County Court shall set the hearing required by section 78.065 . . .

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

. . . See §§ 49.011(7), 78.065(2)(c), Fla.Stat.; Neil v. . . .

WEIGH LESS FOR LIFE, INC. a v. BARNETT BANK OF ORANGE PARK,, 399 So. 2d 88 (Fla. Dist. Ct. App. 1981)

. . . In so doing we note the provisions of Sections 78.065 and 78.067 which clearly spell out provisions for . . . Section 78.065(2)(e), and 78.067(2). No similar language appears in Section 78.068. . . .

THE FLORIDA BAR. In RULES OF CIVIL PROCEDURE, 391 So. 2d 165 (Fla. 1980)

. . . The new form is the replevin order to show cause prescribed by section 78.065, Florida Statutes (1979 . . .

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

. . . On June 6 the trial court entered its order to show cause pursuant to § 78.065, Fla.Stat. (1975). . . .

GONZALEZ, v. BADCOCK S HOME FURNISHINGS CENTER,, 343 So. 2d 7 (Fla. 1977)

. . . Gonzalez filed a motion to quash service of the order on the ground that Section 78.065, Florida Statutes . . . The section of the replevin statute alleged to be constitutionally offensive is Section 78.065(2), Florida . . . We do not find 1.140 and 1.500, Fla.R.Civ.P. to be specifically contrary to the portions of Sec. 78.065 . . .