The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 78
REPLEVIN

View Entire Chapter

F.S. 78.12

78.12 Writ; execution on property removed from jurisdiction.—At the time of service of the writ if the property to be replevied is located outside the county of the court issuing the writ, the party having had the writ issued shall deliver it to the sheriff of the county where the property is located and to whom the writ is directed, and the sheriff shall execute the writ and shall, unless the writ directs otherwise, deliver the property to the plaintiff.

History.—RS 1718; GS 2182; RGS 3487; CGL 5340; s. 28, ch. 67-254; s. 1, ch. 73-20; s. 8, ch. 87-405.

F.S. 78.12 on Google Scholar

F.S. 78.12 on Casetext

Amendments to 78.12

Arrestable Offenses / Crimes under Fla. Stat. 78.12

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 78.12.

Annotations, Discussions, Cases:

Cases from cite.case.law:

R- BOC REPRESENTATIVES, INC. v. T. MINEMYER, T. v. R- BOC, 233 F. Supp. 3d 647 (N.D. Ill. 2017)

. . . Nelson admitted that his measurement of thread one was accurate at 78.12 degrees, but that he had changed . . . 78.59 & 79.11; 76.19 & 77.45; 75.64 & 75.15; 75.82 & 76.10; 76.08 & 79.89; 74.01 & 73.7; 79.92 & 80.06; 78.12 . . .

INSPACE LLC, v. UNITED STATES, LLC,, 128 Fed. Cl. 69 (Fed. Cl. 2016)

. . . AR, Tab 78.12 at 23018. . . .

KELLEY, v. KELLEY,, 987 So. 2d 1246 (Fla. Dist. Ct. App. 2008)

. . . This in turn results in the husband having a $78.12% obligation and the wife having a 21.68% obligation . . .

In AUMILLER, SOVRAN BANK DC NATIONAL, v. UNITED STATES, 168 B.R. 811 (Bankr. D.D.C. 1994)

. . . holding a priority tax claim in the amount of $111,-818.17, would be entitled to a distribution of 78.12% . . .

In L. BORK, GARROW OIL CORP. v. L. BORK,, 147 B.R. 734 (Bankr. E.D. Wis. 1992)

. . . Section 78.12(2) requires a wholesaler to file reports with the state each month “for the purpose of . . . Section 78.12(3) imposes liability on some users other than wholesalers, none of which are applicable . . .

HURI ENTERPRISES, INC. v. SPECTACULAR MIDWAYS, INC., 530 So. 2d 956 (Fla. Dist. Ct. App. 1988)

. . . The appellant’s reliance on section 78.12, Florida Statutes (1987) for its contention that jurisdiction . . . Section 78.12 deals with property that is removed from the county after the initial replevin writ is . . .

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

. . . . § 78.12(b) (1981). . . .

TEXARKANA LIVESTOCK COMMISSION, v. UNITED STATES DEPARTMENT OF AGRICULTURE, 613 F. Supp. 271 (E.D. Tex. 1985)

. . . appropriate livestock sanitary official of the states involved of any such action. 9 CFR pt. 78 Sec. 78.12 . . . In essence, it seems that Atwell believed that an exemption under Section 78.12 should be limited only . . .

FELTS, v. RADIO DISTRIBUTING COMPANY, INC., 637 F. Supp. 234 (N.D. Ind. 1985)

. . . Further, the average weekly commission under the new formula was $78.12. . . . period beginning after September 1, 1982, the weekly income for Shirley Felts was $266.12 ($188 + $78.12 . . .

ASSOCIATION FOR RETARDED CITIZENS OF NORTH DAKOTA, v. I. OLSON,, 561 F. Supp. 495 (D.N.D. 1982)

. . . (2) paralegals $10,505.00 (3) counsel travel expenses $ 9,348.80 (4) meals $ 1,329.40 (5) postage $ 78.12 . . .

BARBER v. RADER, 350 F. Supp. 183 (S.D. Fla. 1972)

. . . constitutional validity of the Florida replevin statutes, Florida Statutes §§ 78.01, 78.04, 78.07, 78.10, and 78.12 . . .

UNITED STATES v. PARKS,, 455 F.2d 792 (8th Cir. 1972)

. . . . §§ 111, 120, 122) and sets out the material regulations 9 C.F.R. 78.10, 78.12 and then charges further . . .

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 . . .

AMERICAN SMELTING AND REFINING COMPANY- CONSOLIDATED v. THE UNITED STATES, 191 Ct. Cl. 307 (Ct. Cl. 1970)

. . . land actually leased by ASARCO to that which it had the right to lease at 22.09 percent for Tract 1, 78.12 . . .

v., 44 T.C. 261 (T.C. 1965)

. . . prices on January 3 and 20,1958, when two lots of $250,000 and $500,000 were transferred, namely, $78.12 . . .

BURNS v. NORTHERN PAC. RY. CO., 134 F.2d 766 (8th Cir. 1943)

. . . Burns be given his pay for 21% days due him together with his expenses amounting to $78.12. * * *” This . . . Byrnes proposed to pay-plaintiff $225 in satisfaction of his claim for 21% days for loss of time and $78.12 . . .