Florida Statute 78.067 | Lawyer Caselaw & Research

The 2024 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 Casetext

Amendments to 78.067

Arrestable Offenses / Crimes under Fla. Stat. 78.067

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 78.067.

Annotations, Discussions, Cases:

Cases Citing Statute 78.067

Total Results: 20

RYAN KEHOE v. KELLY KEHOE

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

Snippet: 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

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

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

Peterson v. Lundin

Court: District Court of Appeal of Florida | Date Filed: 2014-07-18

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

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

Mears v. Lamb

Court: District Court of Appeal of Florida | Date Filed: 2013-04-24

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

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

Coastal Palms Holdings, LLC v. Paxton

Court: District Court of Appeal of Florida | Date Filed: 2013-03-06

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 2012-01-11

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

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

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

PNCEF, LLC v. South Aviation, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2011-05-11

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

Snippet: 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.

Court: District Court of Appeal of Florida | Date Filed: 2011-03-16

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

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

Brown v. Reynolds

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

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 2003-03-28

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

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

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: 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

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

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

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

Dodge City, Inc. v. Byrne

Court: District Court of Appeal of Florida | Date Filed: 1997-05-14

Citation: 693 So. 2d 1033, 1997 WL 244255

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

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

Fort Lauderdale Collection, Inc. v. Rosamelia

Court: District Court of Appeal of Florida | Date Filed: 1996-08-07

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

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 1995-12-06

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

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

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

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