Florida Statute 78.11 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 78
REPLEVIN

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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.

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Amendments to 78.11

Annotations, Discussions, Cases:

Cases Citing Statute 78.11

Total Results: 4 | Sort by: Relevance | Newest First

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Dustin S. Kolodziej v. James Cheney Mason, 774 F.3d 736 (11th Cir. 2014).

Cited 11 times | Published | Court of Appeals for the Eleventh Circuit | 2014 U.S. App. LEXIS 23816, 2014 WL 7180962

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

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Canida v. Canida, 751 So. 2d 647 (Fla. 3d DCA 1999).

Cited 3 times | Published | Florida 3rd District Court of Appeal | 1999 WL 1241948

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

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Miller v. Townhouse Dev. Corp., 178 So. 2d 730 (Fla. Dist. Ct. App. 1965).

Published | District Court of Appeal of Florida | 1965 Fla. App. LEXIS 3680

...levin to be issued after final judgment “for the property itself and against the defendant” (§ 78.19, F.S.A.). 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.)....

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Ago (Fla. Att'y Gen. 1974).

Published | Florida Attorney General Reports

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

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