CopyCited 19 times | Published | Florida 3rd District Court of Appeal | 35 U.C.C. Rep. Serv. (West) 678
...t as the measure of damages. As appellants have cited no authority for their assertion that fair market value is the appropriate measure of damages, and this is a *641 case of first impression, [5] we turn to other statutory provisions for guidance. Section 78.19, Florida Statutes (1981), which deals with replevin of personal property, for example, provides that where the goods are redelivered to the defendant, the plaintiff prevails, and the plaintiff's interest in the property is based on a li...
CopyCited 14 times | Published | Supreme Court of Florida | 85 A.L.R. 3d 1015
...on of the respective interests does control as to the extent of such a creditor's interest in that property. Part V of Ch. 679 (U.C.C.), F.S.A., extends procedures in some instances. In the event replevin is appropriate, new § 78.175 (1973) (former § 78.19(1)), F.S.A., when goods replevied have been retained or redelivered to a defendant on his forthcoming bond, explicitly deals with any limitation in the bank's interest....
CopyCited 8 times | Published | Supreme Court of Florida | 1956 Fla. LEXIS 3635
...ught themselves within the jurisdiction of the court for the purpose of the application of the statute in this regard." Accord: State ex rel. Fulton Bag & Cotton Mills v. Burnside,
153 Fla. 599,
15 So.2d 324. We have also held valid the statute (now Section
78.19, Fla....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal
...e the judgment $4,200. If the $3,650 does not include such prospective rent, then it exceeds the proved damages of $1,600 by $2,050. [3] While one employing a writ of replevin has the option of recovering the property or its value, but not both, see § 78.19, Fla....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2004 WL 784502
...At the conclusion of an action for replevin where the defendant has retained possession of the property during the pendency of the litigation, a plaintiff who prevails on the merits is entitled to a final judgment for the recovery of the property or its value, or the value of the plaintiff's lien or special interest. § 78.19; see Fla....
CopyCited 4 times | Published | Supreme Court of Florida | 2011 Fla. LEXIS 3030, 2011 WL 5829543
........% per year, for which let execution issue. ORDERED at ...................., Florida, on .....(date)...... ______ Judge *1061 NOTE: This form applies when the plaintiff prevails on the merits and the defendant retains possession of the property. Section 78.19, Florida Statutes (1995), allows the plaintiff to recover the property or its value or the value of the plaintiff's lien or special interest....
...'s lien or special interest. Paragraph 3 of the form provides for damages for detention only against the defendant because the defendant's surety obligates itself only to ensure forthcoming of the property, not damages for its detention. Pursuant to section 78.19(2), Florida Statutes, paragraphs 1 and 2 of the form provide the plaintiff the option of obtaining either a writ of possession or execution against the defendant and defendant's surety on a money judgment for property not recovered....
...______ Judge NOTE: This form should be used when the defendant prevails but the plaintiff has possession of the property. Section
78.21, Florida Statutes (1995), does not provide for an award of attorneys' fees when the defendant prevails and possession had been temporarily retaken by the plaintiff. Sections
78.21 and
78.19 allow the defendant to recover the property or its value or the value of the defendant's special interest....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1974 Fla. App. LEXIS 7235
...§
78.21, F.S.A. provides that when property replevied has not been redelivered to the defendant, and he ultimately prevails, judgment shall be entered in his favor for possession and for, "... the value of the property and costs in the same manner as provided in §
78.19 for judgment in favor of plaintiff." Fla. Stat. §
78.19 provides that where goods are redelivered to the defendant, and the plaintiff prevails, he is entitled to a judgment for possession and for the value of the property....
...he statutory requirement that where, "... 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 ...". Fla. Stat. §
78.19(1) [Emphasis supplied] Consequently, since Fla. Stat. §
78.21 provides that the determination of the judgment for value in favor of the defendant shall be made in the same manner as for the plaintiff, the defendant's award is also thereby qualified by the requirement in Fla. Stat. §
78.19(1) that it be only for the amount of his special interest in the goods....
CopyCited 3 times | Published | Supreme Court of Florida | 160 Fla. 856, 1948 Fla. LEXIS 942
...' A verdict and judgment in her favor were entered in the court below and the plaintiff appealed. 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. Section
78.19, F.S....
...1941 F.S.A., provides that when judgment is for the defendant and the plaintiff has the property *859 that judgment “shall be entered against plaintiff for the property and against him and his sureties for the value and costs in the same manner as provided in 78.19 for judgment in favor of plaintiff, and defendant shall have the same election as in said section accorded to the plaintiff.” In Evans v....
CopyCited 3 times | Published | Florida 5th District Court of Appeal
...and not recovered by the owner, just as when it is totally destroyed by negligence, the owner is entitled to money damages in an amount equal to the fair market value of the property at the time of its conversion or negligent destruction. See, e.g., § 78.19(1), Fla....
...No measure of damages under any theory of law is intended to permit the owner to "have his cake and eat it too;" that is, to recover his property and also recover money damages in excess of its market value at the time of its wrongful taking or detention. See, e.g., § 78.19, Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...On the other hand, section
78.21 provides, in part: When the property has not been retained by, or redelivered to, defendant and he prevails, judgment shall be entered against plaintiff for possession of the property and costs and against him for the value of the property and costs in the same manner as provided in section
78.19 for judgment in favor of plaintiff. Section
78.19 contains no reference to attorney's fees....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 19 U.C.C. Rep. Serv. (West) 1230
...diction of the court for all purposes of the action." [citations omitted, emphasis added] Fidelity next contends that if they are not parties to the suit, an independent action should be brought against the surety on the bond. This is not so because § 78.19, Fla....
CopyPublished | Supreme Court of Florida | 2000 Fla. LEXIS 2312, 2000 WL 1472356
...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 prevails on the merits and the defendant retains possession of the property. Section 78.19, Florida Statutes (1995), allows the plaintiff to recover the property or its value or the value of the plaintiffs lien or special interest....
...lien or special interest. Paragraph 3 of the form provides for damages for detention only against the defendant because the defendant’s surety obligates itself only to ensure forthcoming of the property, not damages for its detention. Pursuant to section 78.19(2), Florida Statutes, paragraphs 1 and 2 of the form provide the plaintiff the option of obtaining either a writ of possession or execution against the defendant and defendant’s surety on a money judgment for property not recovered....
...s but the plaintiff has possession of the property. Section
78.21, Florida Statutes (1995), does not provide for an award of attorneys^ fees when the defendant prevails and possession had been temporarily retaken by the plaintiff. Sections
78.21 and
78.19 allow the defendant to recover the property or its value or the value of the defendant’s special interest....
CopyPublished | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 547, 1998 Fla. LEXIS 1907, 1998 WL 716736
proposed forms conforms with the language found in section
78.19(2), Florida Statutes (1997). We agree with the
CopyPublished | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 5695
...hink that appellant’s argument is without merit because it will be observed from a reading of the sentence that the statute directs a judgment “to be in like form as that provided when defendant has retaken the property on a forthcoming bond.” Section 78.19(1) Fla.Stat., F.S.A....
CopyPublished | Florida 4th District Court of Appeal
...hicle was the one
unpaid monthly installment. Therefore, the rationale behind the
application of the “stranger” rule does not apply here.
While Florida has no statute covering the act of conversion, by analogy
the replevin statute, section 78.19, Florida Statutes (2013), is instructive.
That statute provides: “[W]hen 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
. . . .” § 78.19(1), Fla....
CopyPublished | District Court of Appeal of Florida | 1958 Fla. App. LEXIS 2876
...l court was correct, on the question of possession in rendering judgment for the respondent. On the second question, we conclude that the trial court departed from the essential requirements of the law in failing to apply the pertinent provisions of Section 78.19, Fla.Stat., F.S.A.: “78.19....
CopyPublished | Supreme Court of Florida | 1959 Fla. LEXIS 1731
...d recover from the plaintiff and his sureties the sum of $5914.78 (the value of the property plus interest). The respondent judge denied the motion, refused to enter said judgment and defendant filed his petition for a writ of mandamus. By virtue of §
78.19, F.S.A., which is ftiade applicable to the instant case under provisions of §§
78.20 and
78.21, F.S.A., it is clear that when a replevin action is dismissed for want of plaintiff’s prosecution upon the defendant’s motion, the defendant...
...nd for costs. In the instant case the circuit judge properly denied relator’s motion for the court to fix the value of the property. The clear implication of State ex rel. Heavelow v. Frederick, 1935,
121 Fla. 494 ,
163 So. 885 and our statutes (§§
78.19 and
78.21) is that said value, be it entire or “special,” should be fixed by a jury upon an inquiry....
CopyPublished | Supreme Court of Florida | 1949 Fla. LEXIS 1421
...§
78.21 mandatorily requires that when judgment is for the defendant and the plaintiff has the property the final judgment "shall be entered up against the plaintiff for possession of the property, and costs, and against him and his sureties for the value thereof and costs, in the same manner as provided in §
78.19 , for judgment in favor of the plaintiff; and the defendant shall have the same election as in said section accorded to the plaintiff." (Italics supplied) The amended final judgment, so it is contended, failed to award to defendants or either o...
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 11806, 2005 WL 1788891
...After the entry of final judgment, the defendant has the right to elect one of the remedies — it could have a writ of possession for the property and execution for its costs, or it could have execution against the plaintiff and its surety for the value of the property and costs. See §
78.19(2); §
78.21; State ex rel....
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 6259
...— When the property has not been redelivered to defendant and he prevails, judgment shall be entered against plaintiff for possession of the property and costs and against him and his surety for the value of the property and costs in the same manner as provided in § 78.19, for judgment in favor of plaintiff. Defendant shall have the same election accorded to plaintiff in said section. The value of each article of goods replevied shall be found as directed in § 78.19, Florida Statutes, with the same exception.” (Emphasis added.) Applying the foregoing to the circumstances of this case we are of the opinion that Travelers, as surety, became bound to the intervenor defendant and accordingly the final judgment of the trial court is consistent with our mandate and is hereby affirmed....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 15447
...le personal property. By virtue of the forthcoming bond posted by appellant, the items of tangible personal property in controversy remain in her possession. Accordingly, the final judgment in favor of plaintiff appellee is necessarily controlled by Section 78.19, Florida Statutes (1977). That section provides: *1335 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 forthcoming bond, plaintiff shall take judgment for the property and against...
CopyPublished | District Court of Appeal of Florida | 1973 Fla. App. LEXIS 6131
bond for the value of the property [Fla.Stat. §
78.19, F. S.A.] in the sum of $12,000. The judgment further
CopyPublished | District Court of Appeal of Florida | 1965 Fla. App. LEXIS 4110
...If the alternative procedure is elected by the plaintiff “seizure of the property involved shall be had only after judgment, such judgment to be in like form and tenor as that now provided for when defendant shall have retaken the property upon forthcoming bond * * Section 78.19, Fla.Stat., F.S.A....
...d 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. Stat., F.S.A. which provides for a money judgment secured by a forthcoming bond is inapplicable in this case. It will be observed that in § 78.19, Fla.Stat, F.S.A....
