Florida Statutes

Fla. Stat. § 78.067 (2025)

Order to show cause; hearing.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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78.067 Order to show cause; hearing.—

(1) If, after serving a show cause order as provided above, the court finds that the defendant has waived the right to be heard on that order in accordance with s. 78.075, it shall dispense with the hearing on the show cause order and promptly issue an order authorizing the clerk of the court to issue a writ of replevin.

(2) If the court finds that the defendant has not waived the right to be heard on the order to show cause in accordance with s. 78.075, the court shall at the hearing on the order to show cause consider the affidavits and other showings made by the parties appearing and make a determination of which party, with reasonable probability, is entitled to the possession of the claimed property pending final adjudication of the claims of the parties. This determination shall be based on a finding as to the probable validity of the underlying claim alleged against the defendant. If the court determines that the plaintiff is entitled to take possession of the claimed property, it shall issue an order directing the clerk of the court to issue a writ of replevin. However, the order shall be stayed pending final adjudication of the claims of the parties if the defendant files with the court a written undertaking executed by a surety approved by the court in an amount equal to the value of the property.

History.—s. 1, ch. 73-20; s. 404, ch. 95-147.

Notes of Decisions

Cited in 32 cases (3 in the last 5 years), 1975–2026 · leading case: Land-Cellular Corp. v. Zokaites, 463 F. Supp. 2d 1348 (S.D. Fla. 2006).

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Land-Cellular Corp. v. Zokaites, 463 F. Supp. 2d 1348 (S.D. Fla. 2006). · cites it 11× “) On Defendant’s alternative Motion for Writ of Replevin, the Magistrate Judge analyzed Defendant’s request pursuant to Fla. Stat. § 78.067 (2), which allows a petitioner to obtain possession of property during the pendency of litigation upon a showing that petitioner’s claim is…”

Brown v. Reynolds, 872 So. 2d 290 (Fla. 2d DCA 2004). · cites it 4× “If the plaintiff fails to establish the probable validity of the replevin claim at the hearing on the order to show cause held pursuant to section 78.067, dismissal of the complaint after the hearing is premature because the purpose of the hearing is only to determine who should…”

Lámar v. Universal Supply Co., Inc., 452 So. 2d 627 (Fla. 5th DCA 1984). · cites it 5× “As one point on appeal, the sheriff argues that the August 29 order is a nullity because the trial court did not comply with the procedural requirement of section 78.067, Florida Statutes (1983), [1] in regard to issuing an order directing the clerk of the court to issue a writ…”

In Re Amend. to Fla. Rules of Civ. Proc., 682 So. 2d 105 (Fla. 1996). · cites it 2× “Defendant may file affidavits, appear personally or with an attorney and present testimony at the time of the hearing, or, on a finding by the court pursuant to section 78.067(2), Florida Statutes (1979), that plaintiff is entitled to possession of the property described in the…”

Future Tech Int'l, Inc. v. Tae Il Media, Ltd., 944 F. Supp. 1538 (S.D. Fla. 1996). · cites it 2× “However, the order shall be stayed pending final adjudication of the claims of the parties if the defendant files with the court a written undertaking executed by a surety approved by the court in an amount equal to the value of the property.”

Lámar v. Universal Supply Co., Inc., 479 So. 2d 109 (Fla. 1985). · cites it 3× “703(1) and (2) the trial court's failure to comply with the procedural requirements of section 78.067, Florida Statutes (1983), which directs issuance of a writ of replevin by the clerk of the court to the sheriff, rendered the writ void.”

In Re Amendments to Fla. Rules Civ. Proc., 604 So. 2d 1110 (Fla. 1992). · cites it 2× “*1190 Defendant may file affidavits, appear personally or with an attorney and present testimony at the time of the hearing, or, on a finding by the court pursuant to section 78.067(2), Florida Statutes (1979), that plaintiff is entitled to possession of the property described…”

Amendments to the Florida Rules of Civil Procedure, 773 So. 2d 1098 (Fla. 2000). · cites it 2× “Defendant may file affidavits, appear personally or with an attorney and present testimony at the time of the hearing, or, on a finding by the court pursuant to section 78.067(2), Florida Statutes (1979), that plaintiff is entitled to possession of the property described in the…”

JB Intern., Inc. v. Mega Flight, Inc., 840 So. 2d 1147 (Fla. 5th DCA 2003). · cites it 2× “075, the court shall at the hearing on the order to show cause consider the affidavits and other showings made by the parties appearing and make a determination of which party, with reasonable probability, is entitled to the possession of the claimed property pending final…”

Gill v. Shively, 320 So. 2d 415 (Fla. 4th DCA 1975). · cites it 3× “After an order to show cause was issued and served upon appellee a hearing was held pursuant to § 78.067, F.S. 1973, which resulted in the judgment appealed from.”

Dodge City, Inc. v. Byrne, 693 So. 2d 1033 (Fla. 2d DCA 1997). · cites it 2× “Section 78.067(2), Florida Statutes (1995), requires the trial court to consider "the affidavits and other showings made by the parties appearing" in a replevin action.”

Morse Operations, Inc. v. Superior Rent-A-Car, Inc., 593 So. 2d 1079 (Fla. 5th DCA 1992). · cites it 2× “Accordingly, we reverse the non-final order entered below and direct that the trial court immediately issue a writ of replevin pursuant to section 78.067. Superior may obtain a stay of the order if it files the required bond described in section 78.”

Show all 32 citing cases →

— 78.067(2) — 25 cases

Brown v. Reynolds, 872 So. 2d 290 (Fla. 2d DCA 2004). “If the plaintiff fails to establish the probable validity of the replevin claim at the hearing on the order to show cause held pursuant to section 78.067, dismissal of the complaint after the hearing is premature because the purpose of the hearing is only to determine who should…”

In Re Amend. to Fla. Rules of Civ. Proc., 682 So. 2d 105 (Fla. 1996). “Defendant may file affidavits, appear personally or with an attorney and present testimony at the time of the hearing, or, on a finding by the court pursuant to section 78.067(2), Florida Statutes (1979), that plaintiff is entitled to possession of the property described in the…”

In Re Amendments to Fla. Rules Civ. Proc., 604 So. 2d 1110 (Fla. 1992). “*1190 Defendant may file affidavits, appear personally or with an attorney and present testimony at the time of the hearing, or, on a finding by the court pursuant to section 78.067(2), Florida Statutes (1979), that plaintiff is entitled to possession of the property described…”

Amendments to the Florida Rules of Civil Procedure, 773 So. 2d 1098 (Fla. 2000). “Defendant may file affidavits, appear personally or with an attorney and present testimony at the time of the hearing, or, on a finding by the court pursuant to section 78.067(2), Florida Statutes (1979), that plaintiff is entitled to possession of the property described in the…”

JB Intern., Inc. v. Mega Flight, Inc., 840 So. 2d 1147 (Fla. 5th DCA 2003). “075, the court shall at the hearing on the order to show cause consider the affidavits and other showings made by the parties appearing and make a determination of which party, with reasonable probability, is entitled to the possession of the claimed property pending final…”

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