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Florida Statute 78.065 | Lawyer Caselaw & Research
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The 2024 Florida Statutes

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 Citing Statute 78.065

Total Results: 20

RYAN KEHOE v. KELLY KEHOE

Court: District Court of Appeal of Florida | Date Filed: 2023-12-27

Snippet: So. 2d at 1030 (quoting § 78.068(2)). Sections 78.065 and 78.067 describe the procedures to obtain a

THOMAS G. HINNERS, MARY J. WAMSER, and FLORIDA AFFORDABLE HOUSING, INC. v. BRIAN J. HINNERS

Court: District Court of Appeal of Florida | Date Filed: 2021-03-03

Snippet: statute. FAHI sought relief pursuant to sections 78.065 and 78.067, Florida Statutes. The trial court order

In Re AMENDMENTS TO the FLORIDA SMALL CLAIMS RULES

Court: Supreme Court of Florida | Date Filed: 2016-09-08

Citation: 200 So. 3d 746, 41 Fla. L. Weekly Supp. 377, 2016 Fla. LEXIS 1992, 2016 WL 4702875

Snippet: court shall set the hearing required by section 78.065(2)(a), Florida Statutes, (prejudgment replevin

Ruise v. Etheridge

Court: District Court of Appeal of Florida | Date Filed: 2012-06-01

Citation: 95 So. 3d 896, 2012 WL 1959278, 2012 Fla. App. LEXIS 8794

Snippet: court shall comply with the dictates of Section 78.065, Florida Statutes, by either directing the clerk

Weinberg v. Siemens Financial Services, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2011-10-19

Citation: 88 So. 3d 220, 2011 WL 4949814, 2011 Fla. App. LEXIS 16506

Snippet: replevin action.” Id. First, “[pjursuant to sections 78.065 and 78.067, and in the absence of an effective

Prism Educational Systems, Inc. v. Quest Achievement Corp.

Court: District Court of Appeal of Florida | Date Filed: 2011-01-26

Citation: 51 So. 3d 1262, 2011 Fla. App. LEXIS 550, 2011 WL 222332

Snippet: of the defendant and delivered to plaintiff.” § 78.065(2). Initially, Prism filed a complaint with the

Gamez v. First Union National Bank of Florida

Court: District Court of Appeal of Florida | Date Filed: 2010-03-10

Citation: 31 So. 3d 220, 2010 Fla. App. LEXIS 2943

Snippet: against Robert and Angela Volmar in the amount of $8,078.65 which was recorded in Indian River County public

Brown v. Reynolds

Court: District Court of Appeal of Florida | Date Filed: 2004-04-14

Citation: 872 So. 2d 290, 2004 WL 784502

Snippet: the entry of final judgment pursuant to sections 78.065 and 78.067, Florida Statutes (1997), the circuit

Amendments to the Florida Small Claims Rules

Court: Supreme Court of Florida | Date Filed: 2003-06-19

Citation: 849 So. 2d 293, 28 Fla. L. Weekly Supp. 484, 2003 Fla. LEXIS 1064, 2003 WL 21402510

Snippet: court shall set the hearing required by section 78.065(2)(a), Florida Statutes (prejudgment replevin order

Bank of the West v. Thompson

Court: District Court of Appeal of Florida | Date Filed: 2003-01-31

Citation: 836 So. 2d 1075, 2003 Fla. App. LEXIS 890, 2003 WL 201328

Snippet: 593 So.2d 1079, 1080-81 (Fla. 5th DCA 1992); § 78.065(2), Fla. Stat. (2001); § 78.067(2), Fla. Stat.

Eastman Kodak Co. v. Thomas Gordon & Associates, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2001-02-28

Citation: 789 So. 2d 360, 2001 Fla. App. LEXIS 2137, 2001 WL 194079

Snippet: thus affirm. . The trial court referred to §§ 78.065-78.068, 78.20, and 78.21, Fla. Stat. . We review

Amendments to the Florida Rules of Civil Procedure

Court: Supreme Court of Florida | Date Filed: 2000-10-05

Citation: 773 So. 2d 1098, 2000 Fla. LEXIS 2312, 2000 WL 1472356

Snippet: order *1135to show cause prescribed by section 78.065, Florida Statutes (1979). 1996 Amendment. This

In Re Amend. to Fla. Rules of Civ. Proc.

Court: Supreme Court of Florida | Date Filed: 1996-10-31

Citation: 682 So. 2d 105, 1996 WL 627562

Snippet: replevin order to show cause prescribed by section 78.065, Florida Statutes (1979). 1996 Amendment. This

Midway Manufacturing Co. v. Family Fun Corp.

Court: District Court of Appeal of Florida | Date Filed: 1996-02-21

Citation: 668 So. 2d 327, 1996 Fla. App. LEXIS 1507, 1996 WL 72202

Snippet: replevin show cause hearing pursuant to section 78.065, Florida Statutes (1995). We have jurisdiction

Prestige Rent-A-Car v. ADVANTAGE CAR

Court: District Court of Appeal of Florida | Date Filed: 1995-06-09

Citation: 656 So. 2d 541, 1995 WL 340146

Snippet: procedures for obtaining a replevy writ. Under sections 78.065 and 78.067, a show cause hearing must occur before

The Florida Bar v. Daniel

Court: Supreme Court of Florida | Date Filed: 1993-09-30

Citation: 626 So. 2d 178, 18 Fla. L. Weekly Supp. 517, 1993 Fla. LEXIS 1557, 1993 WL 380202

Snippet: complaints were filed against Daniel. Case no. 78,065 deals with Daniel's failure to get court approval

Kingswood South Inc. v. J.I. Case Credit Corp.

Court: District Court of Appeal of Florida | Date Filed: 1993-08-25

Citation: 623 So. 2d 584, 1993 Fla. App. LEXIS 8748, 1993 WL 321696

Snippet: previously issued an order to show cause under section 78.065. Debtor had responded with an affidavit stating

In Re Amend. to the Florida Sm. Cl. Rules

Court: Supreme Court of Florida | Date Filed: 1992-07-16

Citation: 601 So. 2d 1201, 1992 WL 163954

Snippet: court shall set the hearing required by Ssection 78.065(2)(a), Florida Statutes (pre-judgmentprejudgment

In Re Amendments to Fla. Rules Civ. Proc.

Court: Supreme Court of Florida | Date Filed: 1992-07-16

Citation: 604 So. 2d 1110, 1992 WL 163953

Snippet: replevin order to show cause prescribed by section 78.065, Florida Statutes (1979). FORM 1.917. NE EXEAT

Morse Operations, Inc. v. Superior Rent-A-Car, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1992-01-22

Citation: 593 So. 2d 1079, 1992 WL 28185

Snippet: after a show cause hearing pursuant to sections 78.065 and 78.067, Florida Statutes (1989). The trial