Florida Statute 78.19 - Full Text and Legal Analysis

The 2025 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

Annotations, Discussions, Cases:

Cases Citing Statute 78.19

Total Results: 24

Littman v. Commercial Bank & Trust Company

425 So. 2d 636, 35 U.C.C. Rep. Serv. (West) 678

District Court of Appeal of Florida | Filed: Jan 25, 1983 | Docket: 2578247

Cited 19 times | Published

to other statutory provisions for guidance. Section 78.19, Florida Statutes (1981), which deals with replevin

International Harvest. Cr. v. American Nat. Bk.

296 So. 2d 32, 85 A.L.R. 3d 1015

Supreme Court of Florida | Filed: Feb 13, 1974 | Docket: 1228820

Cited 14 times | Published

replevin is appropriate, new § 78.175 (1973) (former § 78.19(1)), F.S.A., when goods replevied have been retained

Capitol Indemnity Insurance Company v. State

86 So. 2d 156, 1956 Fla. LEXIS 3635

Supreme Court of Florida | Filed: Mar 14, 1956 | Docket: 432054

Cited 8 times | Published

324. We have also held valid the statute (now Section 78.19, Fla. Stat. 1953, F.S.A.) authorizing the entry

Wolf v. Buchman

425 So. 2d 182

District Court of Appeal of Florida | Filed: Jan 18, 1983 | Docket: 1181885

Cited 7 times | Published

recovering the property or its value, but not both, see § 78.19, Fla. Stat. (1981); Roche v. Barbaro, 378 So.2d

Brown v. Reynolds

872 So. 2d 290, 2004 WL 784502

District Court of Appeal of Florida | Filed: Apr 14, 2004 | Docket: 1158488

Cited 6 times | Published

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

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

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

Supreme Court of Florida | Filed: Nov 3, 2011 | Docket: 1227055

Cited 4 times | Published

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

Modine Manufacturing Company v. Israel

294 So. 2d 369, 1974 Fla. App. LEXIS 7235

District Court of Appeal of Florida | Filed: May 14, 1974 | Docket: 1421185

Cited 4 times | Published

manner as provided in § 78.19 for judgment in favor of plaintiff." Fla. Stat. § 78.19 provides that where

FORESIGHT ENTER. v. Leisure Time Prop.

466 So. 2d 283

District Court of Appeal of Florida | Filed: Feb 21, 1985 | Docket: 438709

Cited 3 times | Published

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

Thompson v. Guntner

36 So. 2d 826, 160 Fla. 856, 1948 Fla. LEXIS 942

Supreme Court of Florida | Filed: Sep 28, 1948 | Docket: 3273260

Cited 3 times | Published

recover damage only for the taking and costs. Section 78.19, F.S. 1941, F.S.A., provides that when judgment

Sag Harbour Marine, Inc. v. Fickett

484 So. 2d 1250

District Court of Appeal of Florida | Filed: Mar 20, 1986 | Docket: 1343771

Cited 1 times | Published

manner as provided in section 78.19 for judgment in favor of plaintiff. Section 78.19 contains no reference

Are v. Barnett Bank of Miami Beach, NA

330 So. 2d 250, 19 U.C.C. Rep. Serv. (West) 1230

District Court of Appeal of Florida | Filed: Mar 2, 1976 | Docket: 1774662

Cited 1 times | Published

the surety on the bond. This is not so because § 78.19, Fla. Stat., provides for a judgment *253 against

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

District Court of Appeal of Florida | Filed: May 3, 2023 | Docket: 66777684

Published

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

Tokay Towing & Recovery, Inc. v. Kronen

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

District Court of Appeal of Florida | Filed: Jul 29, 2005 | Docket: 64839645

Published

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

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

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

District Court of Appeal of Florida | Filed: Feb 28, 2001 | Docket: 64806663

Published

of costs and for the value of the property. Section 78.19 contains no reference to attorney’s fees. See

Amendments to the Florida Rules of Civil Procedure

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

Supreme Court of Florida | Filed: Oct 5, 2000 | Docket: 64802529

Published

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

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

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

Supreme Court of Florida | Filed: Oct 15, 1998 | Docket: 64785073

Published

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

Roche v. Barbaro

378 So. 2d 1334, 1980 Fla. App. LEXIS 15447

District Court of Appeal of Florida | Filed: Jan 16, 1980 | Docket: 64573829

Published

plaintiff appellee is necessarily controlled by Section 78.19, Florida Statutes (1977). That section provides:

American Employers' Insurance Co. v. Piedmont Sewing Supply, Inc.

287 So. 2d 111, 1973 Fla. App. LEXIS 6131

District Court of Appeal of Florida | Filed: Dec 11, 1973 | Docket: 64536111

Published

bond for the value of the property [Fla.Stat. § 78.19, F. S.A.] in the sum of $12,000. The judgment further

Travelers Indemnity Co. v. Mercer

250 So. 2d 283, 1971 Fla. App. LEXIS 6259

District Court of Appeal of Florida | Filed: Jul 21, 1971 | Docket: 64521315

Published

property and costs in the same manner as provided in § 78.19, for judgment in favor of plaintiff. Defendant

Goodbody & Co. v. Dodson

240 So. 2d 882, 1970 Fla. App. LEXIS 5695

District Court of Appeal of Florida | Filed: Nov 17, 1970 | Docket: 64517425

Published

retaken the property on a forthcoming bond.” Section 78.19(1) Fla.Stat., F.S.A. provides for judgment for

First National Bank of Miami v. First Bonded Warehouse

174 So. 2d 606, 1965 Fla. App. LEXIS 4110

District Court of Appeal of Florida | Filed: Apr 20, 1965 | Docket: 64492939

Published

retaken the property upon forthcoming bond * * Section 78.19, Fla.Stat., F.S.A. provides for judgment when

State ex rel. O'Hara v. Justice

109 So. 2d 761, 1959 Fla. LEXIS 1731

Supreme Court of Florida | Filed: Mar 11, 1959 | Docket: 60192013

Published

petition for a writ of mandamus. By virtue of § 78.19, F.S.A., which is ftiade applicable to the instant

Klein v. G. F. C. Corp.

103 So. 2d 120, 1958 Fla. App. LEXIS 2876

District Court of Appeal of Florida | Filed: May 27, 1958 | Docket: 60190200

Published

failing to apply the pertinent provisions of Section 78.19, Fla.Stat., F.S.A.: “78.19. Judgment for plaintiff

Bryant v. Godfrey

40 So. 2d 833, 1949 Fla. LEXIS 1421

Supreme Court of Florida | Filed: Jun 3, 1949 | Docket: 3275200

Published

thereof and costs, in the same manner as provided in § 78.19, for judgment in favor of the plaintiff; and the