Florida/Georgia Personal Injury & Workers Compensation

...Gordon, 214 So.2d 102 (Fla.App.3d 1968), so holds. The result of a replevin as to separate interests in the same chattels is not so clear in the instance of a judgment for a plaintiff when the goods have not been retained or redelivered to defendant. F.S. § 78.165 (1973) (old § 78.18), F.S.A., does not contain the "special interest" language of its following section 78.175, F.S.A....

...for damages for the taking, attorney's fees, and costs. Section 78.21 makes similar provision for judgment in favor of the defendant under circumstances where the goods have not been retained by or redelivered to him, if "he prevails... ." 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....

...Since the property replevied was not returned under forthcoming bond to the appellants, the only triable issue before the court was a determination of who was entitled to possession. The trial judge concluded that the appellee was so entitled and pursuant to § 78.18, Fla....

...In a case where the plaintiff has recovered possession of the property prior to the entry of final judgment, the plaintiff who prevails on the merits is entitled to a final judgment declaring the plaintiff's right to retain possession of the property plus damages sustained as a result of the wrongful taking or detention. § 78.18; see Fla....

...er year, for which let execution issue. ORDERED at ...................., Florida, on .....(date)...... ______ Judge NOTE: This form applies when the plaintiff has recovered possession under a writ of replevin and prevailed on the merits. 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....

...bona fide purchaser of the Oldsmobile from Mr. Spurlock for value and without notice of any property interest of the Montgomery Motor Company in the Oldsmobile. ' A verdict and judgment in her favor were entered in the court below and the plaintiff appealed. Section 78.18, F.S....

...When the owner elects to recover converted property by replevin or otherwise he should also be able to recover money damages as may be necessary to make him whole. This is the "damages sustained by reason of the wrongful taking or detention" mentioned in sections 78.01 and 78.18, Florida Statutes....

...time the trial jury decides the issue of damages. 12. There is no evidence of fraud or breach of contract, by any Plaintiff which would support Defendant's counter-claim for punitive damages or attorney's fees; and, none will be allowed. [3] Further section 78.18 provides: If it appears that the property described in the complaint was wrongfully taken or detained by the defendant and the property has been delivered to plaintiff by the officer executing the writ, plaintiff shall have judgment for his damages caused by the taking and detention costs....

...those claims obviously remain pending for trial."). In the instant case, however, upon plaintiff's motion and without a trial, the trial court entered the order appealed from, summarily finding in favor of plaintiff and awarding damages. This was clearly error. Contrary to plaintiff's reasoning, Section 78.18, Florida Statutes (1997) does not support entry of judgment without a trial. Section 78.18 states that plaintiff is entitled to judgment for damages caused by defendants' unlawful detention of the property, but does not indicate when such judgment is to be entered....

...ppellees damages, costs, and attorney's fees. Sag Harbour raises four issues: (1) The award of attorney's fees was not proper under section 78.21, 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 court erred in finding appellees entitled to possession of the property; and (4)...

...as costs, making a total of $., which shall bear interest at the rate of .... % per year, for which let execution issue. ORDERED at ..., Florida, on .(date).... Judge NOTE: This form applies when the plaintiff has recovered possession under a writ of replevin and prevailed on the merits. 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....

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

...provides for judgment for the plaintiff when goods are delivered to the defendant on his forthcoming bond. This section provides for a judgment for the delivery of the property and makes no mention of damages caused by the taking and detention as in § 78.18 Fla.Stat., F.S.A....

...As a matter of law we hold that appellants are entitled to a $2000 credit for prepaid rent against amounts owing appellees for rent, property taxes, and insurance. Appellants argue and appellees agree that Wood was entitled to discharge of the bond posted for return of Wood’s personal property and under Section 78.18, Florida Statutes, was entitled to costs caused by the wrongful taking....

...We cannot agree. It appears that Bay Bank does not dispute that title to the personal property at issue is with HEG and/or Lisa Kenner. However, there has been no resolution of whether appellants are entitled to damages for wrongful detention. 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 ha...

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

...However, there was no basis upon which to charge E & M Marine with the cost of moving the vessel. First Union had the right to charge Valle for such costs based on the security agreement between them. First Union had no such agreement with E & M Marine. 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....

...eek possession. Thus, First Union’s storage of the vessel was not reasonably necessary to the litigation. Therefore, we affirm the final judgment in favor of First Union, and reverse the trial court’s award of transportation and storage costs. . § 78.18....

...hcoming bond * * Section 78.19, Fla.Stat., F.S.A. provides for judgment when property is retaken upon forthcoming bond and is in part as follows: “Judgment for plaintiff when goods redelivered to defendant.- — If it shall appear, as set forth in § 78.18, that the goods have been redelivered to the defendant upon his forthcoming bond, the plaintiff shall take judgment for the property itself and against the defendant and the sureties on the forthcoming bond of the defendant for the value of the property * * We hold that the portion of § 78.19, Fla....