Florida Statutes

Fla. Stat. § 78.18 (2025)

Judgment for plaintiff when goods not delivered to defendant.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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 Comm. on Privacy & Court Records Recommendations—Amendments to the Florida Rules of Civil Procedure, 78 So. 3d 1045 (Fla. 2011).

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In Re Implementation of Comm. on Privacy & Court Records Recommendations—Amendments to the Florida Rules of Civil Procedure, 78 So. 3d 1045 (Fla. 2011). · cites it 2× “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, 773 So. 2d 1098 (Fla. 2000). · cites it 2× “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, 872 So. 2d 290 (Fla. 2d DCA 2004). “§ 78.18; see Fla. R. Civ. P. Form 1.995(a); HEG, Inc.”

Sag Harbour Marine, Inc. v. Fickett, 484 So. 2d 1250 (Fla. 1st DCA 1986). · cites it 2× “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, 399 So. 2d 88 (Fla. 1st DCA 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 Nat'l Bank, 783 So. 2d 311 (Fla. 3d DCA 2001). · cites it 3× “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., 117 So. 2d 519 (Fla. 3d DCA 1960). · cites it 2× “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 Grp., Inc. v. C & C Mgmt., INC., 763 So. 2d 502 (Fla. 3d DCA 2000). · cites it 3× “Contrary to plaintiff's reasoning, Section 78.18, Florida Statutes (1997) does not support entry of judgment without a trial.”

Int'l Harvest. Cr. v. Am. Nat. Bk., 296 So. 2d 32 (Fla. 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., 466 So. 2d 283 (Fla. 5th DCA 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., 591 So. 2d 1011 (Fla. 1st DCA 1991). · cites it 2× “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, 36 So. 2d 826 (Fla. 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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