Florida Statute 78.10 | Lawyer Caselaw & Research

The 2024 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

Arrestable Offenses / Crimes under Fla. Stat. 78.10

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 78.10.

Annotations, Discussions, Cases:

Cases Citing Statute 78.10

Total Results: 6

Bover v. State

Court: District Court of Appeal of Florida | Date Filed: 1999-04-28

Citation: 732 So. 2d 1187, 1999 WL 247206

Snippet: `illegal sentence' or defines it." Id. at D777-78. [10] If Callaway holds that an issue is not cognizable

Ago

Court: Florida Attorney General Reports | Date Filed: 1983-04-01

Snippet: AGO 66-27, my predecessor noted that, unlike s 78.10, F.S., there were no comparable provisions in the

Gadsden County Times, Inc. v. Willis

Court: District Court of Appeal of Florida | Date Filed: 1979-12-13

Citation: 377 So. 2d 817, 5 Media L. Rep. (BNA) 2227, 1979 Fla. App. LEXIS 16186

Snippet: Appellate Procedure, of Administrative Order No. 78-10, entered by the respondent, Honorable Ben C. Willis

Ago

Court: Florida Attorney General Reports | Date Filed: 1979-05-17

Snippet: supplied.) The term `veteran' has been defined by Ch. 78-10, Laws of Florida, codified as s. 1.01(15), F. S

Northside Motors of Florida, Inc. v. Brinkley

Court: Supreme Court of Florida | Date Filed: 1973-07-31

Citation: 282 So. 2d 617, 13 U.C.C. Rep. Serv. (West) 23, 1973 Fla. LEXIS 4944

Snippet: Florida Statutes, Sections 78.01, 78.07, 78.08, 78.10 and 78.13, F.S.A.

Italiano v. State

Court: Supreme Court of Florida | Date Filed: 1940-01-05

Citation: 193 So. 48, 141 Fla. 249, 1940 Fla. LEXIS 769

Snippet: inscription: "A A J 78-10 71-10 Cuba." There were introduced immediately afterwards