Florida Statute 78.11 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 78
REPLEVIN

View Entire Chapter

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 CourtListener

Amendments to 78.11

Annotations, Discussions, Cases:

Cases Citing Statute 78.11

Total Results: 4

Dustin S. Kolodziej v. James Cheney Mason

774 F.3d 736, 2014 U.S. App. LEXIS 23816, 2014 WL 7180962

Court of Appeals for the Eleventh Circuit | Filed: Dec 18, 2014 | Docket: 2616676

Cited 11 times | Published

Baylson, et al., 7 Bus. & Com. Litig. Fed. Cts. § 78:11 n. 15 (3d ed.) (noting that, although modern courts

Canida v. Canida

751 So. 2d 647, 1999 WL 1241948

District Court of Appeal of Florida | Filed: Dec 22, 1999 | Docket: 1712566

Cited 3 times | Published

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

Ago

Florida Attorney General Reports | Filed: Feb 12, 1974 | Docket: 3258424

Published

Laws of Florida, effective October 1, 1973. Section 78.11 of the new replevin law now reads: "If the property

Miller v. Townhouse Development Corp.

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

District Court of Appeal of Florida | Filed: Sep 28, 1965 | Docket: 64494232

Published

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