78.11

Writ; execution on property changing possession.

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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.

Notes of Decisions

Cited in 2 cases, 1965–1970 · leading case: Fuentes v. Faircloth

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Fuentes v. Faircloth (1970) flsd · cites it 4× “[4] F.S. §§ 78.11 and 78.12, F.S.A. are not really in issue here as they provide for replevin of property which has changed possession or has been removed from the jurisdiction of the court.”

Miller v. Townhouse Development Corp. (1965) fladistctapp “The property replevined must be in the actual or constructive possession of the de-fendani (or one who can be made a defendant as per § 78.11, F.S.A.). The property is not in custodia legis until it is seized by the writ of replevin or like process.”

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