Florida Statute 78.19 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 78
REPLEVIN

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F.S. 78.19

78.19 Judgment for plaintiff when goods retained by or redelivered to defendant.—

(1) If it appears that the property was retained by, or redelivered to, defendant on his or her forthcoming bond, plaintiff shall take judgment for the property and against defendant and the surety on the forthcoming bond for the value of the property, but when plaintiff’s interest in the property is based on a claim of lien or some special interest therein, the judgment shall be only for the amount of the lien or the value of such special interest and costs, and the judgment shall be satisfied by the recovery of the property or the amount adjudged against defendant and defendant’s surety.

(2) After rendition of judgment, plaintiff at his or her option may have a writ of possession for the property and execution for plaintiff’s costs or have execution against defendant and defendant’s surety for the amount recovered and costs. If plaintiff elects to have a writ of possession for the property and the officer returns that he or she is unable to find it or any of it, plaintiff may immediately have execution against defendant and defendant’s surety for the whole amount recovered against them or for the amount recovered less the value of the property found by the officer. If he or she has execution for the whole amount, the officer shall release all property taken under the writ of possession.

(3) In any proceeding to ascertain the value of the property so that judgment for the value may be entered, the value of each article shall be found but it is not necessary to ascertain the value of each article of a lot of goods, wares, and merchandise when it has been replevied, but it is sufficient to ascertain the total value of the entire lot found.

History.—s. 1, ch. 3133, 1879; RS 1724; s. 1, ch. 5159, 1903; GS 2188; RGS 3493; s. 1, ch. 9320, 1923; CGL 5346, 5348; s. 28, ch. 67-254; s. 1, ch. 73-20; s. 410, ch. 95-147.

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Amendments to 78.19

Arrestable Offenses / Crimes under Fla. Stat. 78.19

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 78.19.

Annotations, Discussions, Cases:

Cases Citing Statute 78.19

Total Results: 20

HOLLYWOOD IMPORTS LIMITED, INC. d/b/a AUTONATION HONDA HOLLYWOOD v. NATIONWIDE FINANCIAL SERVICES, LLC and JAVIER FERNANDO MURCIA

Court: District Court of Appeal of Florida | Date Filed: 2023-05-03

Snippet: conversion, by analogy the replevin statute, section 78.19, Florida Statutes (2013), is instructive. That statute

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

Court: Supreme Court of Florida | Date Filed: 2011-11-03

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

Snippet: defendant retains possession of the property. Section 78.19, Florida Statutes (1995), allows the plaintiff to

Ago

Court: Florida Attorney General Reports | Date Filed: 2007-11-07

Snippet: Gen. Fla. 75-56 (1975). 9 See Op. Att'y Gen. Fla. 78-19 (1978). 10 Cf. Canney v. Board of Public Instruction

Tokay Towing & Recovery, Inc. v. Kronen

Court: District Court of Appeal of Florida | Date Filed: 2005-07-29

Citation: 906 So. 2d 1269, 2005 Fla. App. LEXIS 11806, 2005 WL 1788891

Snippet: for the value of the property and costs. See § 78.19(2); § 78.21; State ex rel. O’Hara v. Justice, 109

Brown v. Reynolds

Court: District Court of Appeal of Florida | Date Filed: 2004-04-14

Citation: 872 So. 2d 290, 2004 WL 784502

Snippet: of the plaintiff's lien or special interest. § 78.19; see Fla. R. Civ. P. Form 1.995(b). The plaintiff

Eastman Kodak Co. v. Thomas Gordon & Associates, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2001-02-28

Citation: 789 So. 2d 360, 2001 Fla. App. LEXIS 2137, 2001 WL 194079

Snippet: and costs in the same manner as provided in s. 78.19 for judgment in favor of plaintiff. Assuming Thomas

Amendments to the Florida Rules of Civil Procedure

Court: Supreme Court of Florida | Date Filed: 2000-10-05

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

Snippet: defendant retains possession of the property. Section 78.19, Florida Statutes (1995), allows the plaintiff to

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

Court: Supreme Court of Florida | Date Filed: 1998-10-15

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

Snippet: forms conforms with the language found in section 78.19(2), Florida Statutes (1997). We agree with the Committee

INTERN. FIDELITY v. Prestige Rent-A-Car

Court: District Court of Appeal of Florida | Date Filed: 1998-07-24

Citation: 715 So. 2d 1025, 1998 Fla. App. LEXIS 9468, 1998 WL 416496

Snippet: and costs in the same manner as provided in s. 78.19 for judgment in favor of plaintiff. [4] These claims

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Court: Florida Attorney General Reports | Date Filed: 1996-09-24

Snippet: favorably to the public.16 In Attorney General Opinion 78-19, this office concluded that the Broward County Housing

Demetree v. Stramondo

Court: District Court of Appeal of Florida | Date Filed: 1993-06-25

Citation: 621 So. 2d 740, 1993 WL 221402

Snippet: for the value of the property and costs. See §§ 78.19, 78.20, 78.21, Fla. Stat. See e.g., State ex rel

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Court: Florida Attorney General Reports | Date Filed: 1991-12-18

Snippet: executive branch of state government." 8 See also, AGO 78-19, in which this office concluded that a county housing

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Court: Florida Attorney General Reports | Date Filed: 1991-11-27

Snippet: May 7, 1987. 18 See, e.g., AGO's 73-170 and 80-78. 19 Inf. Op. to W.W. Caldwell, Jr., February 10, 1975;and

McMurrain v. Fason

Court: District Court of Appeal of Florida | Date Filed: 1991-07-22

Citation: 584 So. 2d 1027, 1991 WL 138153

Snippet: and costs in the same manner as provided in s. 78.19 for judgment in favor of plaintiff... . The remedies

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Court: Florida Attorney General Reports | Date Filed: 1988-08-02

Snippet: contained in State Purchasing Laws). And see, AGO's 78-19 (Broward County Housing Authority not a state agency

Sag Harbour Marine, Inc. v. Fickett

Court: District Court of Appeal of Florida | Date Filed: 1986-03-20

Citation: 484 So. 2d 1250

Snippet: as provided in section 78.19 for judgment in favor of plaintiff. Section 78.19 contains no reference to

Town of Longboat Key v. Mezrah

Court: District Court of Appeal of Florida | Date Filed: 1985-04-19

Citation: 467 So. 2d 488, 10 Fla. L. Weekly 1015, 1985 Fla. App. LEXIS 13485

Snippet: prohibit it. In 1978 the appellant adopted ordinance 78-19, which amended the appellant's zoning laws. Insofar

Jones v. State

Court: District Court of Appeal of Florida | Date Filed: 1985-02-26

Citation: 466 So. 2d 301, 24 Educ. L. Rep. 603

Snippet: 17") green 1 65.78 65.78 (19" x 16")[14] gold

FORESIGHT ENTER. v. Leisure Time Prop.

Court: District Court of Appeal of Florida | Date Filed: 1985-02-21

Citation: 466 So. 2d 283

Snippet: conversion or negligent destruction. See, e.g., § 78.19(1), Fla. Stat. The owner is not entitled to additional

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Court: Florida Attorney General Reports | Date Filed: 1984-03-22

Snippet: the requirements of the State Purchasing Law; AGO 78-19 (concluding that the Broward County Housing Authority