The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 78
REPLEVIN

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F.S. 78.13

78.13 Writ; disposition of property levied on.—The officer executing the writ by levying on the property described shall deliver the property forthwith to plaintiff unless the writ directs otherwise. The defendant may obtain release of the property seized within 5 days after the seizure by posting with the clerk of the court who issued the writ the amount of 11/4 times the amount due and owing, conditioned to have the property forthcoming to abide the result of the action, or on the agreement for the satisfaction of any judgment which may be rendered against the defendant.

History.—s. 1, ch. 1099; 1861; RS 1719; GS 2183; RGS 3488; CGL 5341; s. 28, ch. 67-254; s. 1, ch. 73-20; s. 3, ch. 84-176; s. 408, ch. 95-147.

F.S. 78.13 on Google Scholar

F.S. 78.13 on Casetext

Amendments to 78.13

Arrestable Offenses / Crimes under Fla. Stat. 78.13

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 78.13.

Annotations, Discussions, Cases:

Cases from cite.case.law:

M. DIAZ, v. PARAGON MOTORS OF WOODSIDE, INC., 424 F. Supp. 2d 519 (E.D.N.Y. 2006)

. . . the appropriate line checked, and given to the purchaser before the purchaser signs it. 15 NYCRR § 78.13 . . . prior use of the motor vehicle before accepting payment of a deposit from a purchaser.” 15 NYCRR § 78.13 . . . the prior use of the motor vehicle before accepting payment of a deposit from the purchaser. 15 NYCRR 78.13 . . . prior use of the motor vehicle before accepting payment of a deposit from the purchaser.” 15 NYCRR 78.13 . . .

UNITED STATES v. D. TUCKER,, 103 F. App'x 417 (1st Cir. 2004)

. . . semiautomatic pistol with an obliterated serial number and $2,590.00 in cash in Tucker’s bedroom and 78.13 . . .

AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE, 773 So. 2d 1098 (Fla. 2000)

. . . to dispose of the property according to law because of the conflict between sections 78.068(4) and 78.13 . . .

In AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE, 682 So. 2d 105 (Fla. 1996)

. . . to dispose of the property according to law because of the conflict between sections 78.068(4) and 78.13 . . .

AUTOSKILL INC. a v. NATIONAL EDUCATIONAL SUPPORT SYSTEMS, INC. a NATIONAL EDUCATIONAL SUPPORT SYSTEMS, INC. a v. AUTOSKILL INC. a, 994 F.2d 1476 (10th Cir. 1993)

. . . raises a presumption of irreparable harm for preliminary injunction purposes. 3 Nimmer § 14.06[A], at 14-78.13 . . .

AUTOSKILL INC. a v. NATIONAL EDUCATIONAL SUPPORT SYSTEMS, INC. a NATIONAL EDUCATIONAL SUPPORT SYSTEMS, INC. a v. AUTOSKILL INC. a, 994 F.2d 1476 (10th Cir. 1993)

. . . raises a presumption of irreparable harm for preliminary injunction purposes. 3 Nimmer § 14.06[A], at 14-78.13 . . .

In AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE, 604 So. 2d 1110 (Fla. 1992)

. . . to dispose of the property according to law because of the conflict between sections 78.068(4) and 78.13 . . .

In NEPHI RUBBER PRODUCTS CORP., 146 B.R. 782 (Bankr. N.D. Ind. 1992)

. . . In its initial supplement to the application B & T: (1) reduced its computer research charges by $78.13 . . .

WAISOME B. L. Jr. W. v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY I., 948 F.2d 1370 (2d Cir. 1991)

. . . White candidates had therefore a pass rate of 89.57 percent and black candidates 78.13 percent. . . .

McMURRAIN, v. FASON, d b a PC, 584 So. 2d 1027 (Fla. Dist. Ct. App. 1991)

. . . The United States Supreme Court referred to §§ 78.01-78.13, Fla.Stat.Ann. (Supp. 1972-1973). . . . See §§ 78.01-78.13, Fla.Stat. (1971). . . . .

WAISOME, v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY, 758 F. Supp. 171 (S.D.N.Y. 1991)

. . . Thus, the percentage of Whites passing was 89.57% and the percentage of Blacks passing was 78.13%. . . . The percentage of Whites passing was 89.57% and the percentage of Blacks passing was 78.13%. . . .

FORT VALLEY STATE COLLEGE, v. J. BENNETT,, 853 F.2d 862 (11th Cir. 1988)

. . . . § 78.13(c). . . . . § 78.13(b). . . .

COMMONWEALTH OF MASSACHUSETTS, DEPARTMENT OF EDUCATION, v. UNITED STATES DEPARTMENT OF EDUCATION,, 837 F.2d 536 (1st Cir. 1988)

. . . . § 78.13 (1987). While the petition was pending, the parties settled most of their differences. . . .

THE FLORIDA BAR. In RULES OF CIVIL PROCEDURE, 391 So. 2d 165 (Fla. 1980)

. . . to dispose of the property according to law because of the conflict between sections 78.068(4) and 78.13 . . .

BESSE, v. BURLINGTON NORTHERN, INC. a, 79 F.R.D. 623 (D. Minn. 1978)

. . . This instruction was numbered § 78.13 in the Second Edition, Devitt & Blackmar, Federal Jury Practice . . .

NORTHSIDE MOTORS OF FLORIDA, INC. a v. BRINKLEY,, 282 So. 2d 617 (Fla. 1973)

. . . See Florida Statutes, Sections 78.01, 78.07, 78.08, 78.10 and 78.13, F.S.A. . . .

L. BEANLAND, v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY,, 480 F.2d 109 (8th Cir. 1973)

. . . Blackmar, Federal Jury Practice & Instructions § 78.13 at 205-206 (1970) was prejudicial error. . . . Blackmar, Federal Jury Practice & Instructions § 78.13 at 205-206 (1970), the modification limiting reduction . . .

FUENTES v. SHEVIN, ATTORNEY GENERAL OF FLORIDA,, 407 U.S. 67 (U.S. 1972)

. . . . §78.13 (Supp. 1972-1973). . . . Ann. § 78.13 (Supp. 1972-1973): “Writ; disposition of property levied on. — The officer executing the . . .

C. TAYLOR, v. DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, a, 438 F.2d 351 (10th Cir. 1971)

. . . In the Notes following section 78.13 it is said that the former instruction was altered “on the ground . . .

MORESCA, v. ALLSTATE INSURANCE COMPANY,, 231 So. 2d 283 (Fla. Dist. Ct. App. 1970)

. . . Moresca as provided by Florida law (Section 78.13, F.S.196S, F.S.A.). . . .

BUTLER, v. J. MIRABELLI,, 179 So. 2d 868 (Fla. Dist. Ct. App. 1965)

. . . See. 78.13, Fla.Stat., F.S.A. . Sec. G97.01, Fla.Stat., F.S.A. . E. g. . . .

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

. . . January 3 and 20,1958, when two lots of $250,000 and $500,000 were transferred, namely, $78.12 and $78.13 . . .

v., 44 T.C. 284 (T.C. 1965)

. . . Treasury 2*4 bonds), at 95.13 (or $477,031.25) plus accrued interest of $583.79 and commission of $78.13 . . . $250,000 face amount) at 96.17 (or $241,328.13) plus accrued interest of $1,407.97, less commission of $78.13 . . .

CRINER v. MICRO- WESTCO,, 3 F.R.D. 495 (S.D. Iowa 1944)

. . . Des Moines Blue Print Co................ 78.13 (pd by ptf.) . . .

LOEWE v. SAVINGS BANK OF DANBURY, 236 F. 444 (2d Cir. 1916)

. . . of dividends so declared upon the several deposits, levied upon by said writ of attachment, is $11,2*78.13 . . .