The 2023 Florida Statutes (including Special Session C)

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 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 from cite.case.law:

NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY, v. YOUNG, 199 F. App'x 274 (4th Cir. 2006)

. . . Larson, The Law of Workmen’s Compensation § 78.11, p. 15-9 (1976)) (alterations in original). . . .

In C. McKNEW, KMK L. L. C. L. P. v. C., 270 B.R. 593 (Bankr. E.D. Va. 2001)

. . . 22,000.00 (732.63) 208.54 21,475.91 May, 1998 14,700.00 (830.12) 348.47 14,218.35 June, 1998 19,500.00 (78.11 . . .

MEEHAN SEAWAY SERVICE COMPANY, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR,, 125 F.3d 1163 (8th Cir. 1997)

. . . Larson, The Law of Workmen’s Compensation], § 78.11, p 15-9; that “considerable liberality is usually . . .

P. LANHAM, v. SECRETARY OF HEALTH AND HUMAN SERVICES,, 145 F.R.D. 409 (E.D. Mich. 1992)

. . . This yields a hypothetical hourly rate of $78.11, which is clearly less than twice the standard rate. . . .

A. HAMALAINEN, v. MISTER GROCER CORPORATION,, 735 F. Supp. 1025 (S.D. Fla. 1990)

. . . three reports, each signed by the Plaintiff, in which she acknowledged that $126.52, $107.52, and $78.11 . . .

STATE OF CALIFORNIA, DEPARTMENT OF EDUCATION, v. J. BENNETT, U. S., 849 F.2d 1227 (9th Cir. 1988)

. . . . § 78.11(b)(2). The Assistant Secretary recognized this problem. . . . . § 78.11 and allowing [sic] the Assistant Secretary an opportunity to correct the alleged defect.” . . .

TANGIPAHOA PARISH SCHOOL BOARD, v. UNITED STATES DEPARTMENT OF EDUCATION, ST. JOHN THE BAPTIST PARISH SCHOOL BOARD, v. UNITED STATES DEPARTMENT OF EDUCATION, ST. BERNARD PARISH SCHOOL BOARD, v. UNITED STATES DEPARTMENT OF EDUCATION, ST. CHARLES PARISH SCHOOL BOARD, v. UNITED STATES DEPARTMENT OF EDUCATION,, 821 F.2d 1022 (5th Cir. 1987)

. . . . §§ 78.3, 78.11(b)(2). . . .

KETCHUM, v. CITY COUNCIL OF CITY OF CHICAGO, ILLINOIS,, 630 F. Supp. 551 (N.D. Ill. 1985)

. . . 14.20% 18 49.30% B 46.37% B 50.03% B 3.66% 37 76.39% B 61.65% B 80.45% B 18.80% 22 62.81% H 75.55% H 78.11% . . . Likewise, while the ward is predominately Hispanic in total population (78.11%), the percentage of voting . . .

In GRAND RAPIDS PACKAGING CORPORATION, D. ROBBINS, v. NATIONAL ACCEPTANCE COMPANY OF AMERICA, S B, 54 B.R. 282 (Bankr. W.D. Mich. 1985)

. . . . §§ 78.11 to 78.17,123.-1015]. . . .

U. S. INDUSTRIES FEDERAL SHEET METAL, INC. v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR,, 455 U.S. 608 (U.S. 1982)

. . . that a compensable injury has occurred, and convey[s] the idea that compensation is expected,” id., § 78.11 . . .

STODDARD, v. SCHOOL DISTRICT NO. LINCOLN COUNTY, WYOMING, 429 F. Supp. 890 (D. Wyo 1977)

. . . fees, could be awarded (Federal Jury Practice and Instructions, Devitt and Blackmar, 2d Ed., Section 78.11 . . .

FUENTES, a v. FAIRCLOTH,, 317 F. Supp. 954 (S.D. Fla. 1970)

. . . . §§ 78.01, 78.08, 78.10, 78.11 and 78.12, F.S.A. . . . F.S. §§ 78.11 and 78.12, F.S.A. are not really in issue here as they provide for replevin of property . . .

METCALF, v. O. SWANK, H., 305 F. Supp. 785 (N.D. Ill. 1969)

. . . Municipal Code of the City of Chicago, §§ 78.11, 78.20. . . .

MILLER, v. TOWNHOUSE DEVELOPMENT CORP., 178 So. 2d 730 (Fla. Dist. Ct. App. 1965)

. . . the actual or constructive possession of the de-fendani (or one who can be made a defendant as per § 78.11 . . .

E. REYNOLDS L. v. STATE ELECTION BOARD R. MOSS, v. A. BURKHART M. A., 233 F. Supp. 323 (W.D. Okla. 1964)

. . . . §§ 78.1-78.11, and House Bill No. 586, 14 O.S.Supp. §§ 102-106 as an appropriate remedy for the adjudicated . . .

MINNEAPOLIS, ST. PAUL SAULT STE. MARIE RAILROAD COMPANY v. THE UNITED STATES, 164 Ct. Cl. 226 (Ct. Cl. 1964)

. . . . $9,426,653 78.11 $3,887 $3,887 2 $225,817 Year 1934.. 9,755,777 76.32 359,441 359,441 148,771 Year . . .

In HUDSON MANHATTAN RAILROAD COMPANY,, 224 F. Supp. 815 (N.D.N.Y. 1963)

. . . Unpaid disbursements are allowed in the sum of $78.11. . . .