Florida Statute 78.11 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 78
REPLEVIN

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F.S. 78.11

78.11 Writ; execution on property changing possession.—If the property to be replevied is in the possession of defendant at the time of the issuance of the writ, and passes into the possession of a third person before the execution of the writ, the officer holding the writ shall execute it on the property in the possession of the third person and shall serve the writ on defendant and the third person, and the action with proper amendments, shall proceed against the third person.

History.—RS 1717; GS 2181; RGS 3486; CGL 5339; s. 28, ch. 67-254; s. 1, ch. 73-20.

F.S. 78.11 on Google Scholar

F.S. 78.11 on Casetext

Amendments to 78.11

Arrestable Offenses / Crimes under Fla. Stat. 78.11

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 78.11.

Annotations, Discussions, Cases:

Cases Citing Statute 78.11

Total Results: 16

Ago

Court: Florida Attorney General Reports | Date Filed: 2004-04-30

Snippet: Statutes, to the district. In Attorney General Opinion 78-11, this office stated that section 286.012, Florida

Canida v. Canida

Court: District Court of Appeal of Florida | Date Filed: 1999-12-22

Citation: 751 So. 2d 647, 1999 WL 1241948

Snippet: Rev.Code (1998); § 30.765, Or.Rev.Stat. (1998); § 78-11-20, Utah Code (1998); Title 15, § 901, Vt. Stat

Ago

Court: Florida Attorney General Reports | Date Filed: 1998-10-14

Snippet: Ops. Att'y Gen. Fla. 78-107 (1978), 78-74 (1978), 78-11 (1978), 74-169 (1974) and 74-7 (1974). 9 See, State

Vazquez v. State

Court: District Court of Appeal of Florida | Date Filed: 1997-09-24

Citation: 700 So. 2d 5, 1997 WL 361832

Snippet: crime." Sherman v. United States, 356 U.S. 369, 78 *11 S.Ct. 819, 2 L.Ed.2d 848 (1958). In Cruz v. State

Ago

Court: Florida Attorney General Reports | Date Filed: 1990-11-01

Snippet: 012, F.S. You have directed my attention to AGO 78-11 which addresses the applicability of s. 286.012

Ago

Court: Florida Attorney General Reports | Date Filed: 1985-10-01

Snippet: 112.3143. A previous opinion of this office, AGO 78-11, substantially addresses the applicability of s

MacKlin v. State

Court: District Court of Appeal of Florida | Date Filed: 1981-03-24

Citation: 395 So. 2d 1219

Snippet: Appellant, v. The STATE of Florida, Appellee. No. 78-11. District Court of Appeal of Florida, Third District

Ago

Court: Florida Attorney General Reports | Date Filed: 1980-05-07

Snippet: office, and duties of a vice chairman. See also AGO 078-11 in which this office, concluding that members of

Adams v. Adams

Court: District Court of Appeal of Florida | Date Filed: 1979-03-27

Citation: 368 So. 2d 958, 1979 Fla. App. LEXIS 14670

Snippet: PER CURIAM. The order appealed from entered upon remand after our decision in Adams v. Adams, 357 So.2d 264 (Fla. 3d DCA 1978), is affirmed in all respects except one. The contempt order as amended contains no provisions for the husband S. Charles Adams to purge himself from the thirty day jail sentence imposed by paying, as previously ordered, the child support arrearages and child support payments as they become due. Such explicit purge provisions are essential to this civil contempt order. We

Ago

Court: Florida Attorney General Reports | Date Filed: 1978-08-16

Snippet: District, 144 So.2d 818 (Fla. 1962), and AGO's 078-74, 078-11, 074-169, and 074-7. Moreover, the Florida Supreme

Ago

Court: Florida Attorney General Reports | Date Filed: 1978-05-10

Snippet: Control District,144 So.2d 818 (Fla. 1962), and AGO 078-11 and Attorney General Opinions cited therein discussing

Ago

Court: Florida Attorney General Reports | Date Filed: 1978-03-03

Snippet: extended to include special districts.And cf. AGO 078-11 holding that s. 286.012, F. S., prohibiting abstention

Ago

Court: Florida Attorney General Reports | Date Filed: 1974-02-12

Snippet: such deposit on the face of the subpoena. Under s. 78.11, F.S., when possession of property to be replevied

Miller v. Townhouse Development Corp.

Court: District Court of Appeal of Florida | Date Filed: 1965-09-28

Citation: 178 So. 2d 730, 1965 Fla. App. LEXIS 3680

Snippet: de-fendani (or one who can be made a defendant as per § 78.11, F.S.A.). The property is not in custodia legis

O'Connell v. Kontojohn

Court: Supreme Court of Florida | Date Filed: 1938-03-16

Citation: 179 So. 802, 131 Fla. 783, 1938 Fla. LEXIS 1485

Snippet: Corporation v. Flynt, supra; Brimmer v. Rebman, 138 U.S. 78,11 Sup. Ct. 213, 34 L. Ed. 862; Baldwin v. Seelig,

Chisholm v. Chisholm

Court: Supreme Court of Florida | Date Filed: 1932-05-03

Citation: 141 So. 302, 105 Fla. 402

Snippet: living wife or husband. Banks v. State, 96 Ala. 78,11 South. Rep. 404; Vaughn v. State, 83 Ala. 55, 3