Florida Statute 78.67 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 78
REPLEVIN

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F.S. 78.067

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.

F.S. 78.067 on Google Scholar

F.S. 78.067 on CourtListener

Amendments to 78.067

Annotations, Discussions, Cases:

Cases Citing Statute 78.067

Total Results: 29

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

682 So. 2d 105, 1996 WL 627562

Supreme Court of Florida | Filed: Oct 31, 1996 | Docket: 2448566

Cited 29 times | Published

or, on a finding by the court pursuant to section 78.067(2), Florida Statutes (1979), that plaintiff

Gill v. Shively

320 So. 2d 415

District Court of Appeal of Florida | Filed: Oct 17, 1975 | Docket: 1733765

Cited 17 times | Published

served upon appellee a hearing was held pursuant to § 78.067, F.S. 1973, which resulted in the judgment appealed

In Re Amendments to Fla. Rules Civ. Proc.

604 So. 2d 1110, 1992 WL 163953

Supreme Court of Florida | Filed: Jul 16, 1992 | Docket: 1686576

Cited 15 times | Published

or, on a finding by the court pursuant to section 78.067(2), Florida Statutes (1979), that plaintiff

Lámar v. Universal Supply Co., Inc.

479 So. 2d 109, 10 Fla. L. Weekly 622

Supreme Court of Florida | Filed: Nov 27, 1985 | Docket: 463516

Cited 11 times | Published

comply with the procedural requirements of section 78.067, Florida Statutes (1983), which directs issuance

Brown v. Reynolds

872 So. 2d 290, 2004 WL 784502

District Court of Appeal of Florida | Filed: Apr 14, 2004 | Docket: 1158488

Cited 6 times | Published

the hearing by telephone. As authorized by section 78.067(2), both Brown and Frank filed affidavits and

Dodge City, Inc. v. Byrne

693 So. 2d 1033, 1997 WL 244255

District Court of Appeal of Florida | Filed: May 14, 1997 | Docket: 1524358

Cited 5 times | Published

affidavits and witnesses concerning the transaction. Section 78.067(2), Florida Statutes (1995), requires the trial

Lámar v. Universal Supply Co., Inc.

452 So. 2d 627

District Court of Appeal of Florida | Filed: Jun 7, 1984 | Docket: 474536

Cited 5 times | Published

not comply with the procedural requirement of section 78.067, Florida Statutes (1983),[1] in regard to issuing

JB Intern., Inc. v. Mega Flight, Inc.

840 So. 2d 1147, 2003 Fla. App. LEXIS 4101, 2003 WL 1566499

District Court of Appeal of Florida | Filed: Mar 28, 2003 | Docket: 1463967

Cited 4 times | Published

sought an ordinary writ of replevin pursuant to section 78.067(2), Florida Statutes (1998), which provides:

Land-Cellular Corp. v. Zokaites

463 F. Supp. 2d 1348, 2006 U.S. Dist. LEXIS 95147, 2006 WL 3040766

District Court, S.D. Florida | Filed: Oct 23, 2006 | Docket: 2189159

Cited 2 times | Published

analyzed Defendant's request pursuant to Fla. Stat. § 78.067(2), which allows a petitioner to obtain possession

Coastal Palms Holdings, LLC v. Paxton

110 So. 3d 36, 2013 WL 811479, 2013 Fla. App. LEXIS 3618

District Court of Appeal of Florida | Filed: Mar 6, 2013 | Docket: 60230283

Cited 1 times | Published

The “show cause” hearing was authorized by section 78.067(2), Florida Statutes (2011). In pertinent part

Kelly Tractor Co. v. R.J. Canfield Contracting, Inc.

579 So. 2d 261, 1991 Fla. App. LEXIS 4083, 1991 WL 71531

District Court of Appeal of Florida | Filed: May 2, 1991 | Docket: 64658604

Cited 1 times | Published

requirement pertaining thereto in accordance with F.S. 78.067. The credit application also provided: If any

T and T Air Charter, Inc. v. Duncan Aircraft Sales

566 So. 2d 361, 1990 Fla. App. LEXIS 6702, 1990 WL 126385

District Court of Appeal of Florida | Filed: Sep 5, 1990 | Docket: 1529132

Cited 1 times | Published

a writ of replevin pending final adjudication. § 78.067(2), Fla. Stat. (1989). REVERSED AND REMANDED FOR

RYAN KEHOE v. KELLY KEHOE

District Court of Appeal of Florida | Filed: Dec 27, 2023 | Docket: 68117310

Published

entitled to a prejudgment writ of replevin, citing section 78.067(2), Florida Statutes (2021) ("If the court

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

District Court of Appeal of Florida | Filed: Mar 3, 2021 | Docket: 59699913

Published

of replevin without notice and hearing. Compare § 78.067(2), Fla. Stat. (2019) with § 78.068, Fla. Stat

Peterson v. Lundin

148 So. 3d 784, 2014 WL 3537025, 2014 Fla. App. LEXIS 11027

District Court of Appeal of Florida | Filed: Jul 18, 2014 | Docket: 371393

Published

because the Petersons posted a $20,000 bond. Section 78.067(2), Florida Statutes (2013), provides that

Mears v. Lamb

147 So. 3d 16, 2013 WL 1749497, 2013 Fla. App. LEXIS 6629

District Court of Appeal of Florida | Filed: Apr 24, 2013 | Docket: 60243134

Published

adjudication of the claims of the parties” under section 78.067(2), Florida Statutes (1979). After the hearing

Keybank National Ass'n v. Passport Marine, Inc.

76 So. 3d 1137, 2012 Fla. App. LEXIS 187, 2012 WL 75248

District Court of Appeal of Florida | Filed: Jan 11, 2012 | Docket: 60304195

Published

moved for prejudgment possession of the boat. Section 78.067, Florida Statutes, provides the process for

Weinberg v. Siemens Financial Services, Inc.

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

District Court of Appeal of Florida | Filed: Oct 19, 2011 | Docket: 60308201

Published

hearing; or, on a finding by the Court pursuant to section 78.067(2), Florida Statutes, that Plaintiff is entitled

PNCEF, LLC v. South Aviation, Inc.

60 So. 3d 1120, 2011 Fla. App. LEXIS 6660, 2011 WL 1775822

District Court of Appeal of Florida | Filed: May 11, 2011 | Docket: 60300064

Published

hearing, the lender met its burden of proof. Section 78.067(2), Florida Statutes (2010), provides, in pertinent

Farah Real Estate & Investment, LLC v. Bank of Miami, N.A.

59 So. 3d 208, 2011 Fla. App. LEXIS 3515, 2011 WL 904580

District Court of Appeal of Florida | Filed: Mar 16, 2011 | Docket: 60299631

Published

2004) (interpreting Florida’s replevin statute, § 78.067(2), Fla. Stat. (1997), and holding that "the trial

Bank of the West v. Thompson

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

District Court of Appeal of Florida | Filed: Jan 31, 2003 | Docket: 64820619

Published

5th DCA 1992); § 78.065(2), Fla. Stat. (2001); § 78.067(2), Fla. Stat. (2001); see also Comcoa, Inc. v

Amendments to the Florida Rules of Civil Procedure

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

Supreme Court of Florida | Filed: Oct 5, 2000 | Docket: 64802529

Published

or, on a finding by the court pursuant to section 78.067(2), Florida Statutes (1979), that plaintiff

Fort Lauderdale Collection, Inc. v. Rosamelia

677 So. 2d 973, 1996 Fla. App. LEXIS 8262, 1996 WL 441645

District Court of Appeal of Florida | Filed: Aug 7, 1996 | Docket: 64766496

Published

sought replevin of the Porsche pursuant to section 78.067(2), Florida Statutes (1995). The statute provides

Midway Manufacturing Co. v. Family Fun Corp.

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

District Court of Appeal of Florida | Filed: Feb 21, 1996 | Docket: 64762471

Published

having a problem. At a show cause hearing under section 78.067(2), Florida Statutes (1995) the court must

Advantage Car Rental & Sales, Inc. v. Mitsubishi Motor Sales of America, Inc.

664 So. 2d 46, 1995 Fla. App. LEXIS 12532, 1995 WL 712595

District Court of Appeal of Florida | Filed: Dec 6, 1995 | Docket: 64760548

Published

pending final adjudication of the parties’ claims. § 78.067, Fla.Stat. (1993). Specifically, the trial court

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

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

District Court of Appeal of Florida | Filed: Aug 25, 1993 | Docket: 64698450

Published

writ of replevin before final judgment under section 78.067.2 Because we conclude that the trial court

Brown v. Steiner

592 So. 2d 1270, 1992 Fla. App. LEXIS 1017, 1992 WL 21845

District Court of Appeal of Florida | Filed: Feb 11, 1992 | Docket: 64664878

Published

underlying claim alleged against the defendant.” Id. § 78.067(2). Although there was conflicting evidence before

HEG, Inc. v. Bay Bank & Trust Co.

591 So. 2d 1011, 1991 Fla. App. LEXIS 12717, 1991 WL 272763

District Court of Appeal of Florida | Filed: Dec 20, 1991 | Docket: 64664409

Published

Following a hearing on the matter pursuant to Section 78.067, Florida Statutes (1987), the trial court issued

Disney v. Discount Drugs, Inc.

524 So. 2d 1173, 1988 Fla. App. LEXIS 2125, 1988 WL 50669

District Court of Appeal of Florida | Filed: May 25, 1988 | Docket: 64634775

Published

trial court did not err in finding, pursuant to section 78.067(2), Florida Statutes (1987), that it is reasonably