Florida Statute 78.20 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 78
REPLEVIN

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F.S. 78.20

78.20 Judgment for defendant when goods retained by, or redelivered to, defendant.—When property has been retained by, or redelivered to, defendant on his or her forthcoming bond or upon the dissolution of a prejudgment writ and defendant prevails, he or she shall have judgment against plaintiff for his or her damages for the taking, if any, of the property, attorney fees, and costs. The remedies provided in this section and s. 78.21 shall not preclude any other remedies available under the laws of this state.

History.—s. 12, Mar. 11, 1845; RS 1725; GS 2189; RGS 3494; CGL 5347; s. 28, ch. 67-254; s. 1, ch. 73-20; s. 2, ch. 76-19; s. 411, ch. 95-147.

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Amendments to 78.20

Annotations, Discussions, Cases:

Cases Citing Statute 78.20

Total Results: 18

Weigh Less for Life, Inc. v. Barnett Bank

399 So. 2d 88

District Court of Appeal of Florida | Filed: May 28, 1981 | Docket: 1167787

Cited 12 times | Published

contemplated. This is evident from the provisions of Section 78.20, which provides that when property has been

McMurrain v. Fason

584 So. 2d 1027, 1991 WL 138153

District Court of Appeal of Florida | Filed: Jul 22, 1991 | Docket: 1515265

Cited 6 times | Published

appropriate remedies under the statute and bond. Section 78.20 provides that upon the dissolution of a prejudgment

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

retained by or redelivered to the defendant. Section 78.20, Florida Statutes (1995), provides for an award

Richwagen v. Lilienthal

386 So. 2d 247, 29 U.C.C. Rep. Serv. (West) 964

District Court of Appeal of Florida | Filed: Jul 2, 1980 | Docket: 476973

Cited 4 times | Published

attorney's fees from the plaintiff under Florida Statute 78.20. Based upon the foregoing findings, the

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

the amount recovered as aforesaid and costs." Section 78.20, F.S. 1941, F.S.A., provides that when judgment

Wilkerson v. Johnson

139 So. 3d 965, 2014 WL 2561414, 2014 Fla. App. LEXIS 8794

District Court of Appeal of Florida | Filed: Jun 9, 2014 | Docket: 60241254

Cited 2 times | Published

as well as attorney’s fees and costs under section 78.20, Florida Statutes (2011). The trial court held

Gimbel v. Intern. Mailing & Printing Co.

506 So. 2d 1081, 12 Fla. L. Weekly 1121

District Court of Appeal of Florida | Filed: Apr 29, 1987 | Docket: 1336562

Cited 2 times | Published

attorneys fee on the replevin count pursuant to section 78.20, Florida Statutes (1985). A hearing was held

Kivisto v. Gmac LLC

978 So. 2d 283, 2008 WL 1734530

District Court of Appeal of Florida | Filed: Apr 16, 2008 | Docket: 344475

Cited 1 times | Published

Prior to McMurrain, this court had construed section 78.20, Florida Statutes (2007), upon which this issue

Trans Atlantic Distributors, L.P. v. Whiland Co., S.A.

671 So. 2d 883, 1996 Fla. App. LEXIS 3917, 1996 WL 185025

District Court of Appeal of Florida | Filed: Apr 19, 1996 | Docket: 64763890

Cited 1 times | Published

fees and costs are immediately awardable under section 78.20, Florida Statutes (1993), solely upon the dissolution

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

sections 78.20 and 78.21, Florida Statutes (1981). Section 78.20 provides: When property has been retained by

Michigan National Bank of Detroit v. Maierhoffer

382 So. 2d 318, 1979 Fla. App. LEXIS 16371

District Court of Appeal of Florida | Filed: Nov 13, 1979 | Docket: 64575530

Cited 1 times | Published

in denying him an attorneys fee based upon Section 78.20, Florida Statutes (1977). The trial judge denied

JEAN CLAUDE BELVANT v. ABRAHAM COHEN

District Court of Appeal of Florida | Filed: Sep 7, 2022 | Docket: 64952864

Published

that, to be entitled to a fee award under section 78.20 of the Florida Statutes (2014), a defendant

Southern Auto & Truck Brokers, Inc. v. General Motors Acceptance Corp.

958 So. 2d 444, 2007 Fla. App. LEXIS 6790, 2007 WL 1296018

District Court of Appeal of Florida | Filed: May 4, 2007 | Docket: 64851008

Published

trial court also awarded GMAC damages under section 78.20, Florida Statutes (2003), for the depreciation

Black v. Burrows

889 So. 2d 127, 2004 Fla. App. LEXIS 18096, 2004 WL 2723596

District Court of Appeal of Florida | Filed: Nov 30, 2004 | Docket: 64834982

Published

Ms. Burrows’ motion for judgment pursuant to section 78.20 & -.21, Florida Statutes (1999). Appellants

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

under the rubric of “costs.” This was error. Section 78.20, Florida Statutes (1987), which authorizes the

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

retained by or redelivered to the defendant. Section 78.20, Florida Statutes (1995), provides for an award

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

retained by or redelivered to the defendant. Section 78.20, Florida Statutes (1995), provides for an award

Sun-Island Realty, Inc. v. M.D. Moody & Sons, Inc.

564 So. 2d 559, 1990 Fla. App. LEXIS 4984, 1990 WL 95388

District Court of Appeal of Florida | Filed: Jul 11, 1990 | Docket: 64651855

Published

appellee an attorney’s fee contemplated in section 78.20, Florida Statutes (1989). Thus, we remand for