Florida Statutes

Fla. Stat. § 78.065 (2025)

Order to show cause; contents.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 25 cases (2 in the last 5 years), 1977–2024 · leading case: In Re Amend. to Fla. Rules of Civ. Proc., 682 So. 2d 105 (Fla. 1996).

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In Re Amend. to Fla. Rules of Civ. Proc., 682 So. 2d 105 (Fla. 1996). · cites it 2× “The new form is the replevin order to show cause prescribed by section 78.065, Florida Statutes (1979). 1996 Amendment.”

Florida Bar, 391 So. 2d 165 (Fla. 1980). · cites it 2× “The new form is the replevin order to show cause prescribed by section 78.065, Florida Statutes (1979). FORM 1.”

In Re Amendments to Fla. Rules Civ. Proc., 604 So. 2d 1110 (Fla. 1992). · cites it 2× “The new form is the replevin order to show cause prescribed by section 78.065, Florida Statutes (1979). FORM 1.”

Amendments to the Florida Rules of Civil Procedure, 773 So. 2d 1098 (Fla. 2000). · cites it 2× “The new form is the replevin order *1135 to show cause prescribed by section 78.065, Florida Statutes (1979). 1996 Amendment.”

Williams v. Kloeppel, 537 So. 2d 1033 (Fla. 1st DCA 1988). · cites it 2× “§ 78.065(2)(e), Fla. Stat. (1985). Therefore, appellant's position with respect to the allegation of the value of the collateral in the replevin action is unrelated to a showing of entitlement to a deficiency judgment upon disposition of the collateral after default.”

Future Tech Int'l, Inc. v. Tae Il Media, Ltd., 944 F. Supp. 1538 (S.D. Fla. 1996). “The requirement of bond is not created by section 78.065, however; it appears in section 78.”

Gonzalez v. Badcock's Home Furnishings Ctr., 343 So. 2d 7 (Fla. 1977). · cites it 4× “Gonzalez filed a motion to quash service of the order on the ground that *8 Section 78.065, Florida Statutes, which provides for such orders, regulates court practice and procedure in violation of Article V, Section 2(a), Florida Constitution: "The supreme court shall adopt…”

Midland-Guardian Co. v. Hagin, 370 So. 2d 25 (Fla. 2d DCA 1979). · cites it 2× “On June 6 the trial court entered its order to show cause pursuant to § 78.065, Fla. Stat. (1975). A hearing was held on the matter, and on September 30 the trial court entered its order denying Midland-Guardian's request for prejudgment replevin.”

Weigh Less for Life, Inc. v. Barnett Bank, 399 So. 2d 88 (Fla. 1st DCA 1981). “" Section 78.065(2)(e), and 78.067(2). No similar language appears in Section 78.”

In Re Amend. to the Florida Sm. Cl. Rules, 601 So. 2d 1201 (Fla. 1992). · cites it 2× “In those replevin cases to which these rules are applicable, the clerk of the county court shall set the hearing required by Ssection 78.065(2)(a), Florida Statutes (pre-judgmentprejudgment replevin order to show cause hearings) and Rrule 7.”

Vega v. Hughes, 370 So. 2d 1187 (Fla. 4th DCA 1979). · cites it 3× “The provisions of the order to show cause and those of Section 78.065(2)(e), Florida Statutes (1975) granted the appellant the right to present testimony at the subsequent hearing.”

Eastman Kodak Co. v. Thomas Gordon & Assocs., Inc., 789 So. 2d 360 (Fla. 3d DCA 2001). “The trial court referred to §§ 78.065-78.068, 78.20, and 78.21, Fla. Stat.”

Show all 25 citing cases →

— 78.065(1) — 1 case

Ruise v. Etheridge, 95 So. 3d 896 (Fla. 1st DCA 2012).

— 78.065(2) — 4 cases

Gonzalez v. Badcock's Home Furnishings Ctr., 343 So. 2d 7 (Fla. 1977). “Gonzalez filed a motion to quash service of the order on the ground that *8 Section 78.065, Florida Statutes, which provides for such orders, regulates court practice and procedure in violation of Article V, Section 2(a), Florida Constitution: "The supreme court shall adopt…”

Bank of the West v. Thompson, 836 So. 2d 1075 (Fla. 5th DCA 2003).

Prism Educ. Sys., Inc. v. Quest Achievement Corp., 51 So. 3d 1262 (Fla. 4th DCA 2011).

Ruise v. Etheridge, 95 So. 3d 896 (Fla. 1st DCA 2012).

— 78.065(2)(a) — 6 cases

In Re Amend. to the Florida Sm. Cl. Rules, 601 So. 2d 1201 (Fla. 1992). “In those replevin cases to which these rules are applicable, the clerk of the county court shall set the hearing required by Ssection 78.065(2)(a), Florida Statutes (pre-judgmentprejudgment replevin order to show cause hearings) and Rrule 7.”

In re Florida Bar Small Claims Rules, 537 So. 2d 81 (Fla. 1988).

In Re Amendments to the Florida Small Claims Rules, 200 So. 3d 746 (Fla. 2016).

Amendments to the Florida Small Claims Rules, 849 So. 2d 293 (Fla. 2003).

In re Florida Bar Small Claims Rules, 531 So. 2d 138 (Fla. 1988).

— 78.065(2)(e) — 4 cases

Williams v. Kloeppel, 537 So. 2d 1033 (Fla. 1st DCA 1988). “§ 78.065(2)(e), Fla. Stat. (1985). Therefore, appellant's position with respect to the allegation of the value of the collateral in the replevin action is unrelated to a showing of entitlement to a deficiency judgment upon disposition of the collateral after default.”

Weigh Less for Life, Inc. v. Barnett Bank, 399 So. 2d 88 (Fla. 1st DCA 1981). “" Section 78.065(2)(e), and 78.067(2). No similar language appears in Section 78.”

Vega v. Hughes, 370 So. 2d 1187 (Fla. 4th DCA 1979). “The provisions of the order to show cause and those of Section 78.065(2)(e), Florida Statutes (1975) granted the appellant the right to present testimony at the subsequent hearing.”

Kingswood South Inc. v. J.I. Case Credit Corp., 623 So. 2d 584 (Fla. 4th DCA 1993).

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