Florida Statute 78.068 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 78
REPLEVIN

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F.S. 78.068

78.068 Prejudgment writ of replevin.—

(1) A prejudgment writ of replevin may be issued and the property seized delivered forthwith to the petitioners when the nature of the claim and the amount thereof, if any, and the grounds relied upon for the issuance of the writ clearly appear from specific facts shown by the verified petition or by separate affidavit of the petitioner.

(2) This prejudgment writ of replevin may issue if the court finds, pursuant to subsection (1), that the defendant is engaging in, or is about to engage in, conduct that may place the claimed property in danger of destruction, concealment, waste, removal from the state, removal from the jurisdiction of the court, or transfer to an innocent purchaser during the pendency of the action or that the defendant has failed to make payment as agreed.

(3) The petitioner must post bond in the amount of twice the value of the goods subject to the writ or twice the balance remaining due and owing, whichever is lesser as determined by the court, as security for the payment of damages the defendant may sustain when the writ is obtained wrongfully.

(4) The defendant may obtain release of the property seized under a prejudgment writ of replevin by posting bond within 5 days after serving of the writ in the amount of 11/4 the amount due and owing on the agreement for the satisfaction of any judgment which may be rendered against the defendant.

(5) A prejudgment writ of replevin shall issue only upon the signed order of a circuit court judge or a county court judge.

(6) The defendant, by contradictory motion filed with the court within 10 days after service of the writ, may obtain the dissolution of a prejudgment writ of replevin unless the petitioner proves the grounds upon which the writ was issued. The court shall set down such motion for an immediate hearing. This motion shall be in lieu of the provisions of subsection (4).

History.—s. 1, ch. 76-19; s. 1, ch. 77-174; s. 405, ch. 95-147.

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Amendments to 78.068

Arrestable Offenses / Crimes under Fla. Stat. 78.068

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 78.068.

Annotations, Discussions, Cases:

Cases Citing Statute 78.068

Total Results: 20

RYAN KEHOE v. KELLY KEHOE

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

Snippet: for a prejudgment writ of replevin under section 78.068(2), (4) for entry to inspect his property at his

JEAN CLAUDE BELVANT v. ABRAHAM COHEN

Court: District Court of Appeal of Florida | Date Filed: 2022-09-07

Snippet: On September 24, 2015, pursuant to section 78.068 of the Florida Statutes, 3 the trial court granted

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: order denying FAHI’s motion relies upon section 78.068, which imposes a higher standard for obtaining

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: submitted to the trial court — one citing to section 78.068(4) and the other not citing to any statute. The

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: satisfied the additional requirements of section 78.068, Florida Statutes (2010), which provides, in pertinent

Tokay Towing & Recovery, Inc. v. Kronen

Court: District Court of Appeal of Florida | Date Filed: 2005-07-29

Citation: 906 So. 2d 1269, 2005 Fla. App. LEXIS 11806, 2005 WL 1788891

Snippet: recovery of the trailer without notice to Tokay. See § 78.068(3), Fla. Stat. (2000). Tokay did not attempt to

Creston Aviation, Inc. v. TEXTRON FINANCIAL

Court: District Court of Appeal of Florida | Date Filed: 2005-04-27

Citation: 900 So. 2d 727, 2005 WL 957595

Snippet: of replevin pursuant to Florida Statutes section 78.068 and sought attorney's fees against Creston under

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 section 78.068, the prejudgment writ may issue without notice

Ago

Court: Florida Attorney General Reports | Date Filed: 2003-05-13

Snippet: expires July 1, 2003. 6 Cf., Op. Att'y Gen. Fla. 78-68 (1978), concluding that the board of trustees of

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: purchaser during the pendency of the action." § 78.068(2), Fla. Stat. (1989). The defendant's right to

The Florida Bar v. Barley

Court: Supreme Court of Florida | Date Filed: 2002-10-24

Citation: 831 So. 2d 163, 27 Fla. L. Weekly Supp. 911, 2002 Fla. LEXIS 2194, 2002 WL 31386273

Snippet: account. The referee further found that the $76,078.68 deposit in the trust account was not made as an

Miller v. Bieluch

Court: District Court of Appeal of Florida | Date Filed: 2002-06-19

Citation: 825 So. 2d 427, 2002 Fla. App. LEXIS 8544, 2002 WL 1332566

Snippet: prejudgement writ of replevin must post a bond. § 78.068(3), Fla. Stat. (2001). The sheriff argues that

Jalaskari v. Bank of Nova Scotia

Court: District Court of Appeal of Florida | Date Filed: 2002-01-11

Citation: 802 So. 2d 1220, 2002 Fla. App. LEXIS 131, 2002 WL 27262

Snippet: window period for posting a bond under section 78.068(4), Florida Statutes (1993), or the ten-day period

Lennox Retail, Inc. v. McMillan

Court: District Court of Appeal of Florida | Date Filed: 2001-06-15

Citation: 786 So. 2d 1252, 2001 Fla. App. LEXIS 8082, 2001 WL 667679

Snippet: under review. The provisions contained in section 78.068, Florida Statutes (1999) were enacted “in 1976

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: pursuant to Florida’s replevin statutes. See § 78.068, Fla.Stat. (1987). The initial complaint was subsequently

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: to law because of the conflict between sections 78.068(4) and 78.13, Florida Statutes (1979). The former

Traces Fashion Group, Inc. v. C & C MANAGEMENT, INC.

Court: District Court of Appeal of Florida | Date Filed: 2000-07-19

Citation: 763 So. 2d 502, 2000 WL 986401

Snippet: replevin properly followed the provisions of Section 78.068, Florida Statutes (1997) and served to determine

Caple v. Tuttle's Design-Build, Inc.

Court: Supreme Court of Florida | Date Filed: 2000-02-03

Citation: 753 So. 2d 49, 25 Fla. L. Weekly Supp. 76, 2000 Fla. LEXIS 77, 2000 WL 124388

Snippet: "totality test" to its assessment of whether section 78.068, Florida Statutes (Supp. 1976), Florida's prejudgment

INTERN. FIDELITY v. Prestige Rent-A-Car

Court: District Court of Appeal of Florida | Date Filed: 1998-07-24

Citation: 715 So. 2d 1025, 1998 Fla. App. LEXIS 9468, 1998 WL 416496

Snippet: seeking replevin of the leased vehicles. See § 78.068, Fla. Stat. (1993).[1] Upon motion filed by Advantage

159 East Inc. v. Margolis

Court: District Court of Appeal of Florida | Date Filed: 1997-12-10

Citation: 702 So. 2d 286, 1997 Fla. App. LEXIS 13660, 1997 WL 756601

Snippet: Fason, 584 So.2d 1027, 1030 (Fla. 1st DCA 1991); §§ 78.068(2), 83.12, Fla. Stat. (1995), and have similar