CopyCited 29 times | Published | Supreme Court of Florida | 1996 WL 627562
...*137 ORDERED at ...................., Florida, on ..............., 19...... ____________ Judge Committee Notes 1980 Adoption. Former form 1.916 is repealed because of the consolidation of writs of assistance with writs of possession. The new form is the replevin order to show cause prescribed by section 78.065, Florida Statutes (1979)....
CopyCited 26 times | Published | District Court, S.D. Florida | 1996 U.S. Dist. LEXIS 15101, 1996 WL 582422
...The Defendant cites T and T Air Charter, Inc. v. Duncan Aircraft Sales, Inc.,
566 So.2d 361 (Fla. 4th Dist.Ct.App.1990) as holding that no bond must be posted unless the proceeding is ex parte. In T and T, the panel stated in dicta that "[s]ection
78.065, Florida statutes (1989), did not require appellee as a party seeking replevin to post a bond. A bond is only required when the defendant in the replevin action wants to stay the order to issue a writ or replevin pending final adjudication." Id. at 362. The requirement of bond is not created by section
78.065, however; it appears in section
78.068(3)....
CopyCited 15 times | Published | Supreme Court of Florida | 1992 WL 163953
...ORDERED in at ___________________, Florida, on ______________, 19__ _________________________ Judge Committee Notes 1980 Adoption. Former Fform 1.916 is repealed because of the consolidation of writs of assistance with writs of possession. The new form is the replevin order to show cause prescribed by section 78.065, Florida Statutes (1979)....
CopyCited 12 times | Published | Florida 1st District Court of Appeal
...Based upon that interpretation, plaintiff would either win or lose based upon the outcome of this motion hearing. We are required, however, to read almost two additional pages of the statutes in order to discover whether, or in what manner, these provisions mesh together. In so doing we note the provisions of Sections
78.065 and
78.067 which clearly spell out provisions for determining which party is "entitled to the possession of the claimed property pending final adjudication of the claims of the parties." Section
78.065(2)(e), and
78.067(2)....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1988 WL 138482
...he plaintiff of the value of such property and its location." Furthermore, the estimate of value in a replevin complaint is for the purpose of establishing the amount of a bond, should the party in possession seek a stay of delivery of the property. § 78.065(2)(e), Fla....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal
...Midland-Guardian made demand for payment upon all appellees, without success, shortly after the sale. On May 30, 1975, Midland-Guardian filed its complaint against appellees for replevin of the mobile home. On June 6 the trial court entered its order to show cause pursuant to § 78.065, Fla....
CopyCited 3 times | Published | Supreme Court of Florida | 1977 Fla. LEXIS 3811
...After examination of the complaint and a showing by Badcock in its support, the court ordered Gonzalez to show cause why the property should not be taken from her possession and delivered to Badcock. 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 rules for the practice and procedure in all courts...
...ed because an improper remedy has been sought. These rules may be repealed by general law enacted by two-thirds vote of the membership of each house of the legislature." The section of the replevin statute alleged to be constitutionally offensive is Section 78.065(2), Florida Statutes, which provides that orders to show cause shall: "(a) Fix the date and time for hearing on the order....
...proceedings (such as in replevin) shall be prescribed by the statutes for such proceedings, unless the civil rules specifically provide to the contrary. We do not find 1.140 and 1.500, Fla.R.Civ.P. to be specifically contrary to the portions of Sec. 78.065(2) here under attack....
CopyCited 2 times | Published | Florida 4th District Court of Appeal
...to issue upon the posting by American Home of a $1,000.00 bond. Appellant claims the trial court erred in refusing to hear testimony and in setting the amount of the bond. We agree and reverse. 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. Presumably, it was because of the mandate of Section 78.065(2)(e) that the provisions authorizing testimony were included in the show cause order....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1990 Fla. App. LEXIS 6702, 1990 WL 126385
...Because appellee did not have the right to seek replevin of the airplane, the trial judge erroneously ordered the issuance of the writ of replevin. Although a moot issue, we write to address whether appellee should have been required to post a replevin bond. Section 78.065, Florida Statutes (1989), did not require appellee as the party seeking replevin to post a bond....
CopyPublished | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 377, 2016 Fla. LEXIS 1992, 2016 WL 4702875
...COMMENCEMENT OF ACTION; STATEMENT
OF CLAIM
(a) – (d) [No change]
(e) Replevin. In those replevin cases to which these rules are applicable,
the clerk of the county court shall set the hearing required by section 78.065(2)(a),
Florida Statutes, (prejudgment replevin order to show cause hearings) and rule
7.050(d)7.090(b) (pretrial conferences) at the same time.
Committee Notes
[N...
CopyPublished | Supreme Court of Florida | 1988 Fla. LEXIS 1468, 1988 WL 143176
...Additionally, attorneys shall include their Florida Bar number on all papers filed with the court. (cHd) [No change] (e) Replevin. In those replevin cases to which these rules are applicable, the clerk of the county court shall set the hearing required by Section 78.065(2)(a), Florida Statutes (pre-judgment replevin order to show cause hearings) and Rule 7.050(d), Small Claims Rules (pretrial conferences) at the same time....
CopyPublished | Supreme Court of Florida | 1980 Fla. LEXIS 4428
...The court may thereupon order the clerk to issue a writ of replevin. ORDERED in _, Florida on -, 19— Judge Committee Note Former Form 1.916 is repealed because of the consolidation of writs of assistance with writs of possession. The new form is the replevin order to show cause prescribed by section 78.065, Florida Statutes (1979)....
CopyPublished | Supreme Court of Florida | 2000 Fla. LEXIS 2312, 2000 WL 1472356
...ORDERED at ., Florida, on ...., 19.(date). Judge Committee Notes 1980 Adoption. Former form 1.916 is repealed because of the consolidation of writs of assistance with writs of possession. The new form is the replevin order *1135 to show cause prescribed by section 78.065, Florida Statutes (1979)....
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 484, 2003 Fla. LEXIS 1064, 2003 WL 21402510
...(d) Memorandum on Hearing Date. The court shall furnish all parties with a memorandum of the day and hour set for the hearing. (e) Replevin. In those replevin cases to which these rules are applicable, the clerk *295 of the county court shall set the hearing required by section 78.065(2)(a), Florida Statutes (prejudgment replevin order to show cause hearings) and rule 7.050(d) (pretrial conferences) at the same time....
CopyPublished | Florida 1st District Court of Appeal | 2012 WL 1959278, 2012 Fla. App. LEXIS 8794
PER CURIAM. The petition for writ of mandamus is granted. Within a reasonable time, not to exceed 20 days 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)....
CopyPublished | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 890, 2003 WL 201328
...pending final disposition of the case. See Prestige Rent-A-Car, Inc. v. Advantage Car Rental & Sales, Inc.,
656 So.2d 541, 545 (Fla. 5th DCA 1995); Morse Operations, Inc. v. Superior Rent-A-Car, Inc.,
593 So.2d 1079, 1080-81 (Fla. 5th DCA 1992); §
78.065(2), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 550, 2011 WL 222332
...If the statutory requirements are sufficiently alleged in the complaint, “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.” § 78.065(2)....
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 1507, 1996 WL 72202
KLEIN, Judge. Midway Manufacturing Company appeals a non-final order denying its right to possession of personal property, entered after a replevin show cause hearing pursuant to section 78.065, Florida Statutes (1995)....
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 8748, 1993 WL 321696
...ny on his behalf at the time of the hearing to show that plaintiff was not entitled to possession of the forklift, we reverse the order. On the basis of a complaint and an affidavit, the trial court had previously issued an order to show cause under section 78.065....
...t debtor could show that plaintiffs affidavit was actually based on hearsay or belief, rather than personal knowledge. 3 The trial court agreed with plaintiffs position. 4 There is no doubt that debtor’s reading of the statute was the correct one. Section 78.065(2)(e) plainly says that the defendant “has the right to file affidavits on his behalf with the court and may appear personally or by way of attorney and present testimony on his behalf at the time of the healing.” The right to file...
