Florida Statute 78.18 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 78
REPLEVIN

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F.S. 78.18

78.18 Judgment for plaintiff when goods not delivered to defendant.—If it appears that the property described in the complaint was wrongfully taken or detained by defendant and the property has been delivered to plaintiff by the officer executing the writ, plaintiff shall have judgment for his or her damages caused by the taking and detention and costs.

History.—s. 11, Mar. 11, 1845; RS 1724; GS 2188; RGS 3493; CGL 5346; s. 28, ch. 67-254; s. 1, ch. 73-20; s. 409, ch. 95-147.

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Amendments to 78.18

Annotations, Discussions, Cases:

Cases Citing Statute 78.18

Total Results: 17

International Harvest. Cr. v. American Nat. Bk.

296 So. 2d 32, 85 A.L.R. 3d 1015

Supreme Court of Florida | Filed: Feb 13, 1974 | Docket: 1228820

Cited 14 times | Published

redelivered to defendant. F.S. § 78.165 (1973) (old § 78.18), F.S.A., does not contain the "special interest"

Weigh Less for Life, Inc. v. Barnett Bank

399 So. 2d 88

District Court of Appeal of Florida | Filed: May 28, 1981 | Docket: 1167787

Cited 12 times | Published

redelivered to him, if "he prevails... ." Finally, Section 78.18 provides for recovery by the plaintiff of his

Huckleberry v. Davis Double Seal Jalousies, Inc.

117 So. 2d 519

District Court of Appeal of Florida | Filed: Feb 1, 1960 | Docket: 1355853

Cited 7 times | Published

that the appellee was so entitled and pursuant to § 78.18, Fla. Stat., F.S.A., entered judgment accordingly

Brown v. Reynolds

872 So. 2d 290, 2004 WL 784502

District Court of Appeal of Florida | Filed: Apr 14, 2004 | Docket: 1158488

Cited 6 times | Published

a result of the wrongful taking or detention. § 78.18; see Fla. R. Civ. P. Form 1.995(a); HEG, Inc. v

In Re Implementation of Committee on Privacy & Court Records Recommendations—Amendments to the Florida Rules of Civil Procedure

78 So. 3d 1045, 2011 Fla. LEXIS 3030, 2011 WL 5829543

Supreme Court of Florida | Filed: Nov 3, 2011 | Docket: 1227055

Cited 4 times | Published

replevin and prevailed on the merits. Pursuant to section 78.18, Florida Statutes (1995), paragraph 2 of the

FORESIGHT ENTER. v. Leisure Time Prop.

466 So. 2d 283

District Court of Appeal of Florida | Filed: Feb 21, 1985 | Docket: 438709

Cited 3 times | Published

fees; and, none will be allowed. [3] Further section 78.18 provides: If it appears that the property described

Thompson v. Guntner

36 So. 2d 826, 160 Fla. 856, 1948 Fla. LEXIS 942

Supreme Court of Florida | Filed: Sep 28, 1948 | Docket: 3273260

Cited 3 times | Published

the court below and the plaintiff appealed. Section 78.18, F.S. 1941, F.S.A., provides that when judgment

Traces Fashion Group, Inc. v. C & C MANAGEMENT, INC.

763 So. 2d 502, 2000 WL 986401

District Court of Appeal of Florida | Filed: Jul 19, 2000 | Docket: 1681913

Cited 2 times | Published

clearly error. Contrary to plaintiff's reasoning, Section 78.18, Florida Statutes (1997) does not support entry

Sag Harbour Marine, Inc. v. Fickett

484 So. 2d 1250

District Court of Appeal of Florida | Filed: Mar 20, 1986 | Docket: 1343771

Cited 1 times | Published

party and entitled to recover its costs under section 78.18, Florida Statutes (1981), because appellees

E & M Marine Corp. v. First Union National Bank

783 So. 2d 311, 2001 Fla. App. LEXIS 4650, 2001 WL 321605

District Court of Appeal of Florida | Filed: Apr 4, 2001 | Docket: 64804966

Published

agreement with E & M Marine. Additionally, section 78.18, Florida Statutes (1995),1 does not apply because

Amendments to the Florida Rules of Civil Procedure

773 So. 2d 1098, 2000 Fla. LEXIS 2312, 2000 WL 1472356

Supreme Court of Florida | Filed: Oct 5, 2000 | Docket: 64802529

Published

replevin and prevailed on the merits. Pursuant to section 78.18, Florida Statutes (1995), paragraph 2 of the

In re Amendment to Florida Rules of Civil Procedure—Final Judgment of Replevin Forms 1.995(a)-(d)

723 So. 2d 180, 23 Fla. L. Weekly Supp. 547, 1998 Fla. LEXIS 1907, 1998 WL 716736

Supreme Court of Florida | Filed: Oct 15, 1998 | Docket: 64785073

Published

replevin and prevailed on the merits. Pursuant to section 78.18, Florida Statutes (1995), paragraph 2 of the

HEG, Inc. v. Bay Bank & Trust Co.

591 So. 2d 1011, 1991 Fla. App. LEXIS 12717, 1991 WL 272763

District Court of Appeal of Florida | Filed: Dec 20, 1991 | Docket: 64664409

Published

damages for wrongful detention. As provided in Section 78.18, Florida Statutes (1987), “If it appears that

Trading Post of Naples, Inc. v. Howl

371 So. 2d 221, 1979 Fla. App. LEXIS 14745

District Court of Appeal of Florida | Filed: May 23, 1979 | Docket: 64570288

Published

return of Wood’s personal property and under Section 78.18, Florida Statutes, was entitled to costs caused

American Employers' Insurance Co. v. Piedmont Sewing Supply, Inc.

287 So. 2d 111, 1973 Fla. App. LEXIS 6131

District Court of Appeal of Florida | Filed: Dec 11, 1973 | Docket: 64536111

Published

It is so ordered. . We noted that Fla.Stat. § 78.18 was cited in the judgment, but obviously this was

Goodbody & Co. v. Dodson

240 So. 2d 882, 1970 Fla. App. LEXIS 5695

District Court of Appeal of Florida | Filed: Nov 17, 1970 | Docket: 64517425

Published

damages caused by the taking and detention as in § 78.18 Fla.Stat., F.S.A. Nevertheless we hold that even

First National Bank of Miami v. First Bonded Warehouse

174 So. 2d 606, 1965 Fla. App. LEXIS 4110

District Court of Appeal of Florida | Filed: Apr 20, 1965 | Docket: 64492939

Published

defendant.- — If it shall appear, as set forth in § 78.18, that the goods have been redelivered to the defendant