78.18
Judgment for plaintiff when goods not delivered to defendant.
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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.
Notes of Decisions
Cited in 19
cases, 1948–2011 · leading case: In Re Implementation of Committee on Privacy & Court Records Recommendations—Amendments to the Florida Rules of Civil Pr
In Re Implementation of Committee on Privacy & Court Records Recommendations—Amendments to the Florida Rules of Civil Pr (2011)
“Pursuant to section 78.18, Florida Statutes (1995), paragraph 2 of the form provides that the plaintiff can also recover damages for the wrongful taking and detention of the property, together with costs.”
Amendments to the Florida Rules of Civil Procedure (2000)
“Pursuant to section 78.18, Florida Statutes (1995), paragraph 2 of the form provides that the plaintiff can also recover damages for the wrongful taking and detention of the property, together with costs.”
Brown v. Reynolds (2004)
“§ 78.18; see Fla. R. Civ. P. Form 1.995(a); HEG, Inc.”
Sag Harbour Marine, Inc. v. Fickett (1986)
“21, Florida Statutes (1981); (2) appellant is the prevailing party and entitled to recover its costs under section 78.18, Florida Statutes (1981), because appellees abandoned any claim of possession to three of the four items of property involved in this action; (3) the trial…”
Weigh Less for Life, Inc. v. Barnett Bank (1981)
“" Finally, Section 78.18 provides for recovery by the plaintiff of his damages caused by the taking and detention, together with costs, in instances where the plaintiff has recovered the property under the writ.”
E & M Marine Corp. v. First Union National Bank (2001)
“Additionally, section 78.18, Florida Statutes (1995), 1 does not apply because E & M Marine did not wrongfully take or detain the vessel and did not contest possession of the vessel; it only claimed an equitable lien for money damages.”
Huckleberry v. Davis Double Seal Jalousies, Inc. (1960)
“The trial judge concluded that the appellee was so entitled and pursuant to § 78.18, Fla. Stat., F.S.A., entered judgment accordingly for appellee.”
Traces Fashion Group, Inc. v. C & C MANAGEMENT, INC. (2000)
“Contrary to plaintiff's reasoning, Section 78.18, Florida Statutes (1997) does not support entry of judgment without a trial.”
International Harvest. Cr. v. American Nat. Bk. (1974)
“165 (1973) (old § 78.18), F.S.A., does not contain the "special interest" language of its following section 78.”
FORESIGHT ENTER. v. Leisure Time Prop. (1985)
“Defendants have made a counter-claim concerning an International Forklift and assorted log chains and chain binders; they may offer proof of loss, if any exists, at the time the trial jury decides the issue of damages.”
HEG, Inc. v. Bay Bank & Trust Co. (1991)
“As provided in Section 78.18, Florida Statutes (1987), “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…”
Thompson v. Guntner (1948)
“Section 78.18, F.S. 1941, F.S.A., provides that when judgment is for plaintiff and when he has the goods he may recover damage only for the taking and costs.”
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