Florida Statute 78.075 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 78
REPLEVIN

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F.S. 78.075

78.075 Order to show cause; waiver.—The right to be heard provided in ss. 78.065 and 78.067 is waived if the defendant, after receiving a show cause order, engages in any conduct that clearly shows that he or she wants to forego the right to be heard on that order. The defendant’s failure to appear at the hearing duly scheduled on the order to show cause presumptively constitutes conduct that clearly shows that he or she wants to forego the right to be so heard. If the defendant, after service of the order to show cause, sends or delivers to the plaintiff or the court issuing the order to show cause a writing prepared by anyone but signed by the defendant after service of the order to show cause, indicating in any language that the defendant does not want to be heard on the show cause order, the defendant shall be presumed to have waived the right to be heard. For this purpose, a writing containing the following language is sufficient: “I, (name of the defendant) , am aware that I have the right and opportunity to be heard on a show cause order that has been served upon me concerning the right of plaintiff to obtain a writ of replevin authorizing the appropriate officer of the court to take (describe property) from my possession prior to final judgment against me. I hereby state that I do not want to be heard on this matter and that I expressly waive my right to be heard. I understand that the effect of my signing this paper probably will be a court order authorizing the issuance of a writ of replevin directing an officer of the court to take possession of the property described above prior to final judgment against me with respect to the claim under which the property is taken.”

History.—s. 1, ch. 73-20; s. 406, ch. 95-147.

F.S. 78.075 on Google Scholar

F.S. 78.075 on Casetext

Amendments to 78.075

Arrestable Offenses / Crimes under Fla. Stat. 78.075

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 78.075.

Annotations, Discussions, Cases:

Cases Citing Statute 78.075

Total Results: 11

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 the order to show cause in accordance with s. 78.075, the court shall at the hearing on the order to

Rydberg v. State

Court: District Court of Appeal of Florida | Date Filed: 2004-12-03

Citation: 891 So. 2d 572, 2004 Fla. App. LEXIS 18325, 2004 WL 3024810

Snippet: Dallas Rydberg appeals three concurrent sentences of 78.75 months’ imprisonment followed by three years 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: on the order to show cause in accordance with s. 78.075, the court shall at the hearing on the order to

Willis v. State

Court: District Court of Appeal of Florida | Date Filed: 2000-06-14

Citation: 760 So. 2d 1018, 2000 Fla. App. LEXIS 7249, 2000 WL 763594

Snippet: reduced appellant’s sentence from 112.5 months to 78.75 months in prison. However, the court denied relief

Martinez v. State

Court: District Court of Appeal of Florida | Date Filed: 1998-07-17

Citation: 712 So. 2d 849, 1998 Fla. App. LEXIS 8528, 1998 WL 396793

Snippet: points (55.95 — 93.25 months) to 91 points (47.75— 78.75 months). The successor judge sentenced appellant

Classic Revivals Ltd. v. Torres

Court: District Court of Appeal of Florida | Date Filed: 1992-06-23

Citation: 600 So. 2d 47, 1992 Fla. App. LEXIS 7223, 1992 WL 139118

Snippet: for the issuance of such a writ, see §§ 78.055, 78.075, 78.068, Fla.Stat. (1991), was complied with below

Comcoa, Inc. v. Coe

Court: District Court of Appeal of Florida | Date Filed: 1991-07-30

Citation: 587 So. 2d 474, 1991 WL 139152

Snippet: distinct procedures. Under F.S. 78.055 and *477 78.075, a mini-trial known as a "show cause hearing" must

Gill v. Shively

Court: District Court of Appeal of Florida | Date Filed: 1975-10-17

Citation: 320 So. 2d 415

Snippet: on the order to show cause in accordance with § 78.075) the court shall determine which of the parties

State Ex Rel. Schwarz v. Heffernan

Court: Supreme Court of Florida | Date Filed: 1940-02-27

Citation: 194 So. 313, 142 Fla. 137

Snippet: in the form of a cost bill in the total sum of $78.75 approved or allowed and judgment entered therefor

Johnson v. Thomas Braddock

Court: Supreme Court of Florida | Date Filed: 1927-01-19

Citation: 111 So. 541, 93 Fla. 67

Snippet: Total ..................................... $1,078.75 Complainants deny that the defendant Thomas is

Wheeler v. Baars

Court: Supreme Court of Florida | Date Filed: 1894-01-15

Citation: 33 Fla. 696

Snippet: on $1,575 at 5 per cent..................... $78.75 Pensacola Commercial, advertising .............