Florida Statute 78.10 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 78
REPLEVIN

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F.S. 78.10

78.10 Writ; execution on property in buildings or enclosures.—In executing the writ of replevin, if the sheriff has reasonable grounds to believe that the property or any part thereof is secreted or concealed in any dwelling house or other building or enclosure, the sheriff shall publicly demand delivery thereof; and, if it is not delivered by the defendant or some other person, the sheriff shall cause such house, building, or enclosure to be broken open and shall make replevin according to the writ; and, if necessary, the sheriff shall take to his or her assistance the power of the county. However, if the sheriff does not have reasonable grounds to believe that the property to be replevied is secreted or concealed in any dwelling house or other building or enclosure, the plaintiff may petition the court for a “break order” directing the sheriff to enter physically any dwelling house or other building or enclosure. Upon a showing of probable cause by the plaintiff, the court shall enter such “break order.”

History.—s. 7, Mar. 11, 1845; RS 1716; GS 2180; RGS 3485; CGL 5338; s. 28, ch. 67-254; s. 1, ch. 73-20; s. 7, ch. 83-255; s. 407, ch. 95-147.

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Amendments to 78.10

Annotations, Discussions, Cases:

Cases Citing Statute 78.10

Total Results: 4

I.A. Durbin, Inc. v. Jefferson National Bank

793 F.2d 1541, 1986 U.S. App. LEXIS 27357

Court of Appeals for the Eleventh Circuit | Filed: Jul 21, 1986 | Docket: 1320799

Cited 125 times | Published

court observed that the question of "[w]hether section 78.10 permits and authorizes searches and seizures

McCormick v. First National Bank of Miami

322 F. Supp. 604, 9 U.C.C. Rep. Serv. (West) 137, 1971 U.S. Dist. LEXIS 14725

District Court, S.D. Florida | Filed: Feb 5, 1971 | Docket: 1494575

Cited 26 times | Published

entry under these circumstances, pursuant to F.S. § 78.10, would not be legal or constitutional. But that

Fuentes v. Faircloth

317 F. Supp. 954, 1970 U.S. Dist. LEXIS 10481

District Court, S.D. Florida | Filed: Aug 21, 1970 | Docket: 2461978

Cited 24 times | Published

entry under these circumstances, pursuant to F.S. § 78.10, F.S.A., would not be legal or constitutional.

I.A. Durbin, Inc. v. Jefferson National Bank

793 F.2d 1541

Court of Appeals for the Eleventh Circuit | Filed: Jul 21, 1986 | Docket: 66216918

Cited 2 times | Published

defendants had failed to comply with Fla.Stat.Ann. § 78.10 (West Supp. 1986), which governs the execution