Florida Statutes

Fla. Stat. § 78.19 (2025)

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

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 29 cases (1 in the last 5 years), 1948–2023 · 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 4× “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.”

Amendments to the Florida Rules of Civil Procedure, 773 So. 2d 1098 (Fla. 2000). · cites it 4× “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.”

Littman v. Com. Bank & Trust Co., 425 So. 2d 636 (Fla. 3d DCA 1983). · cites it 2× “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 lien or some special interest,…”

FORESIGHT ENTER. v. Leisure Time Prop., 466 So. 2d 283 (Fla. 5th DCA 1985). · cites it 4× “, § 78.19, Fla. Stat. The first decision in this case as to the propriety of damages measured by the cost of procuring the use of comparable property as against damages based on interest, should be made by the trial judge on remand subject to review by this court on appeal by…”

Modine Mfg. Co. v. Israel, 294 So. 2d 369 (Fla. 3d DCA 1974). · cites it 7× “" 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.”

Wolf v. Buchman, 425 So. 2d 182 (Fla. 3d DCA 1983). · cites it 2× “If that figure includes rent accruing after repossession, such rent would be for twenty-six months or ,600, which when added to past due rent and cost of repair would make the judgment ,200.”

Brown v. Reynolds, 872 So. 2d 290 (Fla. 2d DCA 2004). “§ 78.19; see Fla. R. Civ. P. Form 1.995(b).”

Sag Harbour Marine, Inc. v. Fickett, 484 So. 2d 1250 (Fla. 1st DCA 1986). · cites it 2× “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…”

State ex rel. O'Hara v. Just., 109 So. 2d 761 (Fla. 1959). · cites it 2× “By virtue of § 78.19, F.S.A., which is ftiade applicable to the instant case under provisions of §§ 78.”

Int'l Harvest. Cr. v. Am. Nat. Bk., 296 So. 2d 32 (Fla. 1974). “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.”

Capitol Indem. Ins. Co. v. State, 86 So. 2d 156 (Fla. 1956). “We have also held valid the statute (now Section 78.19, Fla. Stat. 1953, F.S.A.) authorizing the entry of judgment on a forthcoming bond in a replevin suit without notice to the surety.”

Eastman Kodak Co. v. Thomas Gordon & Assocs., Inc., 789 So. 2d 360 (Fla. 3d DCA 2001). “19 for judgment in favor of plaintiff. Assuming Thomas Gordon Associates prevailed, this statute only provides for an award of costs and for the value of the property.”

Show all 29 citing cases →

— 78.19(1) — 4 cases

FORESIGHT ENTER. v. Leisure Time Prop., 466 So. 2d 283 (Fla. 5th DCA 1985). “, § 78.19, Fla. Stat. The first decision in this case as to the propriety of damages measured by the cost of procuring the use of comparable property as against damages based on interest, should be made by the trial judge on remand subject to review by this court on appeal by…”

Hollywood Imports Ltd., Inc. d/b/a Autonation Honda Hollywood v. Nationwide Fin. Servs., LLC & Javier Fernando Murcia (Fla. 4th DCA 2023).

Goodbody & Co. v. Dodson, 240 So. 2d 882 (Fla. 3d DCA 1970).

— 78.19(2) — 4 cases

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

Amendments to the Florida Rules of Civil Procedure, 773 So. 2d 1098 (Fla. 2000). “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.”

In re Amendment to Florida Rules of Civil Procedure—Final Judgment of Replevin Forms 1.995(a)-(d), 723 So. 2d 180 (Fla. 1998).

Tokay Towing & Recovery, Inc. v. Kronen, 906 So. 2d 1269 (Fla. 2d DCA 2005).

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