The 2023 Florida Statutes (including Special Session C)

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 from cite.case.law:

R. WEINBERG, M. D. v. SIEMENS FINANCIAL SERVICES, INC., 88 So. 3d 220 (Fla. Dist. Ct. App. 2011)

. . . the defendant has not waived the right to be heard on the order to show cause in accordance with s. 78.075 . . .

JB INTERNATIONAL, INC. v. MEGA FLIGHT, INC., 840 So. 2d 1147 (Fla. Dist. Ct. App. 2003)

. . . the defendant has not waived the right to be heard on the order to show cause in accordance with s. 78.075 . . .

CLASSIC REVIVALS LIMITED, INC. v. TORRES,, 600 So. 2d 47 (Fla. Dist. Ct. App. 1992)

. . . likewise erroneous because neither of the statutory bases for the issuance of such a writ, see §§ 78.055, 78.075 . . .

COMCOA, INC. v. M. COE,, 587 So. 2d 474 (Fla. Dist. Ct. App. 1991)

. . . Under F.S. 78.055 and 78.075, a mini-trial known as a “show cause hearing” must occur before a re-plevin . . . the plaintiff in support of it the court finds that the defendant has waived in accordance with s. 78.075 . . . plaintiff in support of it, the court finds that the defendant has not waived in accordance with s. 78.075 . . . court finds that the defendant has waived his right to be heard on that order in accordance with s. 78.075 . . . the defendant has not waived his right to be heard on the order to show cause in accordance with s. 78.075 . . .

A. GILL, v. SHIVELY,, 320 So. 2d 415 (Fla. Dist. Ct. App. 1975)

. . . the defendant has not waived his right to be heard on the order to show cause in accordance with- § 78.075 . . .