Home
Menu
904-383-7448
Florida Statute 78.13 | Lawyer Caselaw & Research
F.S. 78.13 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 78.13

The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 78
REPLEVIN
View Entire Chapter
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:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All
  1. In re Amendments to Florida Rules of Civil Procedure

    682 So. 2d 105 (Fla. 1996)   Cited 35 times

    FORM 1.908. WRIT OF REPLEVIN Committee Notes 1980 Amendment.Fuentes v. Shevin, 407 U.S. 67 78.068 78.13 1996 Amendment. This amendment only changes the name of the form. FORM 1.910. SUBPOENA FOR TRIAL (a)

  2. In re Amendments to the Florida Rules of Civil Procedure

    604 So. 2d 1110 (Fla. 1992)   Cited 23 times

    Committee Notes 1980 Amendment.Fuentes v. Shevin, 407 U.S. 67 , 92 S.Ct. 1983, 32 L.Ed.2d 556 78.068 78.13 five 5 , still three 3 FORM 1.909 . DISTRESS T t , s Committee Notes 1980 Amendment. 83.12 Phillips

  3. McMurrain v. Fason

    584 So. 2d 1027 (Fla. Dist. Ct. App. 1991)   Cited 9 times
    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).
    PAGE 1031
  4. An application for review must be filed within thirty days of the grantee's receipt of the final audit determination. 20 U.S.C.A. § 1234a(b); 34 C.F.R. § 78.13(c). The grantee's application must identify the issues and facts in dispute and state the appellant's position. 34 C.F.R. § 78.13(b). In this case, the president of the College wrote the letter requesting the appeal as to some issues and explicitly conceding others. Even if we cannot assume that a college president should be able to determine what the College desires to appeal, we can expect that such a person should have known to consult counsel for advice on how to proceed.
    PAGE 869
  5. The form is amended in accordance with the statutory changes as a result of Fuentes v. Shevin, 407 U.S. 67, 92 S.Ct. 1983, 32 L.Ed.2d 556 (1972). The sheriff is commanded to dispose of the property according to law because of the conflict between sections 78.068(4) and 78.13, Florida Statutes (1979). The former apparently contemplates that the sheriff will hold the property for five days within which the bond can be posted while the latter still retains the old three day time period.
    PAGE 180
  6. See Florida Statutes, Sections 78.01, 78.07, 78.08, 78.10 and 78.13, F.S.A.
    PAGE 620
  7. Fuentes v. Shevin

    407 U.S. 67 (1972)   Cited 3,338 times   1 Legal Analyses
    Fla. Stat. Ann. § 78.13 (Supp. 1972-1973):
    PAGE 74
  8. Prior to the filing of the replevin action by Allstate, the Sheriff of Brevard County had taken possession of the same Pontiac automobile because he had received information that it was a stolen automobile. On March 20, 1967, Mrs. Moresca brought a replevin action in the Court of Record for Brevard County against the Sheriff to regain possession of the automobile. The Sheriff served the writ of replevin on himself, did not post a forthcoming bond, and after three days delivered the automobile to Mrs. Moresca as provided by Florida law (Section 78.13, F.S. 1965, F.S.A.). The Sheriff filed an answer in that action in which he asserted that the true owner of the automobile was either Harold J. Paul, or Mr. Paul's insurance carrier, Allstate.
  9. Butler v. Mirabelli

    179 So. 2d 868 (Fla. Dist. Ct. App. 1965)   Cited 10 times
    Sec. 78.13, Fla. Stat., F.S.A.
    PAGE 870

    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 . . .