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Florida Statute 78.20 | Lawyer Caselaw & Research
F.S. 78.20 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 78.20

The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 78
REPLEVIN
View Entire Chapter
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.

F.S. 78.20 on Google Scholar

F.S. 78.20 on Casetext

Amendments to 78.20


Arrestable Offenses / Crimes under Fla. Stat. 78.20
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 78.20.



Annotations, Discussions, Cases:

Cases from cite.case.law:

MCCLURE, v. UNITED PARCEL SERVICE FLEXIBLE BENEFITS PLAN,, 191 F. Supp. 3d 721 (W.D. Mich. 2016)

. . . hours expended on the case, McClure’s counsel’s time records indicate that counsel spent a total of 78.20 . . .

ISIWELE, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, 85 F. Supp. 3d 337 (D.D.C. 2015)

. . . In a letter dated July 26, 2011, NRC assessed a duplication fee of $78.20, and informed plaintiff that . . . Plaintiff enclosed a money order for $78.20. Id. . . . addition to NRC’s withhold-ings, which are not addressed at this time, plaintiff requested a refund of $78.20 . . .

WILKERSON, v. JOHNSON,, 139 So. 3d 965 (Fla. Dist. Ct. App. 2014)

. . . reserved jurisdiction to determine Wilkerson’s damages as well as attorney’s fees and costs under section 78.20 . . . section and s. 78.21 shall not preclude any other remedies available under the laws of this state. § 78.20 . . .

In HARRIS, v. A-, 497 B.R. 652 (Bankr. D. Mass. 2013)

. . . The Debtor did not include on Schedule J expenses of $104.90 for medical insurance premiums or $78.20 . . .

In IMPLEMENTATION OF COMMITTEE ON PRIVACY AND COURT RECORDS RECOMMENDATIONS- AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE FLORIDA RULES OF JUDICIAL ADMINISTRATION FLORIDA RULES OF CRIMINAL PROCEDURE FLORIDA PROBATE RULES FLORIDA SMALL CLAIMS RULES FLORIDA RULES OF APPELLATE PROCEDURE FLORIDA FAMILY LAW RULES OF PROCEDURE, 78 So. 3d 1045 (Fla. 2011)

. . . Section 78.20, Florida Statutes (1995), provides for an award of attorneys’ fees. . . .

EDWARDS, v. LANDSMAN LLC,, 51 So. 3d 1208 (Fla. Dist. Ct. App. 2011)

. . . .” §§ 78.20-21, Fla. Stat. (2010). . . .

DEGNAN, v. SEBELIUS,, 658 F. Supp. 2d 969 (D. Minn. 2009)

. . . the ALJ determined the monthly premium set by Defendant under paragraph (a)(3) was $58.70, $66.60, $78.20 . . . Again, this year, your benefit went up to $197.80 and the premium went up to $78.20. . . . However, you still owe a 40% penalty on the $78.20 or $31.30 so we have to charge you $98.50 for your . . . The Appellant’s premiums ($66.60 for 2004, $78.20 for 2005, and $88.50 for 2006) were adjusted to not . . . When the Secretary raised the premium for 2005 (Tr. 170) to $78.20, forty percent ($31.28) would have . . .

K. KIVISTO, v. GMAC LLC f k a, 978 So. 2d 283 (Fla. Dist. Ct. App. 2008)

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

SOUTHERN AUTO TRUCK BROKERS, INC. v. GENERAL MOTORS ACCEPTANCE CORPORATION, 958 So. 2d 444 (Fla. Dist. Ct. App. 2007)

. . . The trial court also awarded GMAC damages under section 78.20, Florida Statutes (2003), for the depreciation . . . Relying on section 78.20, GMAC argued that it was entitled to damages for the depreciation of the Hummer . . . Section 78.20 The trial court relied exclusively on section 78.20 as the basis for the damages award. . . . Analysis After a thorough review of the record, we conclude that section 78.20 is inapplicable under . . . In short, there was no “taking” of the Hummer by Southern Auto within the meaning of section 78.20. . . .

COLE, v. ARVINMERITOR, INC., 515 F. Supp. 2d 791 (E.D. Mich. 2006)

. . . At Medicare’s 2005 monthly premium rate of $78.20, Cole/UAW retirees currently pay approximately $392.40 . . .

COLE, S. a v. ARVINMERITOR, INC. W. E. J. A. a v., 516 F. Supp. 2d 850 (E.D. Mich. 2005)

. . . At Medicare’s 2005 monthly premium rate of $78.20, Cole/ UAW retirees currently pay approximately $392.40 . . .

C. BLACK, Jr. a v. BURROWS, a, 889 So. 2d 127 (Fla. Dist. Ct. App. 2004)

. . . Burrows’ motion for judgment pursuant to section 78.20 & -.21, Florida Statutes (1999). . . . Burrows, notwithstanding her failure to plead entitlement to fees pursuant to section 78.20, Florida . . . The amended motion for judgment and for attorney’s fees expressly cited section 78.20 and -.21, and the . . . trial court’s order stated that the fees award was based on section 78.20. . . . Section 78.20 states: 78.20 Judgment for defendant when goods retained by, or redelivered to, defendant_When . . .

H. SMYTH, v. UNITED STATES POSTAL SERVICE,, 41 F. App'x 475 (Fed. Cir. 2002)

. . . five-point increase under the VEOA based on his preference eligible status, resulting in a Final Rating of 78.20 . . .

EASTMAN KODAK CO. v. THOMAS GORDON ASSOCIATES, INC., 789 So. 2d 360 (Fla. Dist. Ct. App. 2001)

. . . Section 78.20, Florida Statutes (1987), which authorizes the award of attorney’s fees, is inapplicable . . . Fickett, 484 So.2d 1250 (Fla. 1st DCA 1985) (holding that section 78.20 was inapplicable because the . . . The trial court referred to §§ 78.065-78.068, 78.20, and 78.21, Fla. Stat. . . . .

AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE, 773 So. 2d 1098 (Fla. 2000)

. . . Section 78.20, Florida Statutes (1995), provides for an award of attorneys^ fees. . . .

J. C. Mr. C. v. REGIONAL SCHOOL DISTRICT NO., 115 F. Supp. 2d 297 (D. Conn. 2000)

. . . Plaintiff demands attorney’s fees in the amount of $15,640.00, representing 78.20 hours (through February . . .

IN RE AMENDMENT TO FLORIDA RULES OF CIVIL PROCEDURE- FINAL JUDGMENT OF REPLEVIN FORMS a d, 723 So. 2d 180 (Fla. 1998)

. . . Section 78.20, Florida Statutes (1995), provides for an award of attorney fees. . . .

TOYOTA MOTOR CREDIT CORPORATION, a v. DOLLAR ENTERPRISES, INC. d b a, 702 So. 2d 1319 (Fla. Dist. Ct. App. 1997)

. . . While Dollar adamantly argued to the contrary, the statutory authority upon which it'relied below, §§ 78.20 . . .

TRANS ATLANTIC DISTRIBUTORS, L. P. v. WHILAND CO. S. A., 671 So. 2d 883 (Fla. Dist. Ct. App. 1996)

. . . trial court erred in finding that attorney’s fees and costs are immediately awardable under section 78.20 . . . order dissolving the writ, Whiland filed a motion for costs and attorney’s fees pursuant to section 78.20 . . . Based upon the plain language of section 78.20, we reverse. . . . International Mailing and Printing Co., Inc., 506 So.2d 1081, 1084 (Fla. 4th DCA 1987) (section 78.20 . . . In agreeing with the Fourth District’s interpretation of section 78.20, we acknowledge conflict with . . .

DEMETREE, v. STRAMONDO d b a St., 621 So. 2d 740 (Fla. Dist. Ct. App. 1993)

. . . See §§ 78.19, 78.20, 78.21, Fla.Stat. See e.g., State ex rel. O’Hara v. . . .

SHAW v. LINDHEIM, 809 F. Supp. 1393 (C.D. Cal. 1992)

. . . Nimmer § 13.03[E][3] at 13-78.20. . . .

BROWN BAG SOFTWARE, a v. SYMANTEC CORP. a L., 960 F.2d 1465 (9th Cir. 1992)

. . . Nimmer & David Nimmer, Nimmer on Copyright § 13.03[E][3], at 13-78.19 to -78.20 (1991) (hereinafter, . . . Nimmer § 13.-03[E][3], at 13-78.20. . . . See also Nimmer § 13.03[E][3], at 13-78.20 (“given Shaw’s reformulation of the extrinsic test, the decision . . .

L. MERRYMAN, v. W. SULLIVAN,, 778 F. Supp. 475 (W.D. Mo. 1991)

. . . The hours (78.20 hours), the hourly fee rate ($104.40), and the costs ($210.50) are reasonable. . . .

COMCOA, INC. v. M. COE,, 587 So. 2d 474 (Fla. Dist. Ct. App. 1991)

. . . (b) in view of the bond requirement and the remedies provided by sections 78.068(4), 78.068(6) and 78.20 . . . a dissolution of such writ upon a failure of the petitioner to make a certain showing; amending s. 78.20 . . .

McMURRAIN, v. FASON, d b a PC, 584 So. 2d 1027 (Fla. Dist. Ct. App. 1991)

. . . Section 78.20 provides that upon the dissolution of a prejudgment writ, the defendant is to have judgment . . . same manner as provided in s. 78.19 for judgment in favor of plaintiff_ The remedies provided in s. 78.20 . . .

SUN- ISLAND REALTY, INC. v. M. D. MOODY SONS, INC. a, 564 So. 2d 559 (Fla. Dist. Ct. App. 1990)

. . . in the final judgment in support of granting the appellee an attorney’s fee contemplated in section 78.20 . . .

LAFAYETTE PRODUCTION CREDIT ASSOCIATION, v. WILSON FOODS CORPORATION,, 687 F. Supp. 1267 (N.D. Ind. 1987)

. . . /81 19457.05 179 08/31/81 Nelson Pork Fact. 8234.92 08/31/81 8234.92 180 08/31/81 Nelson Pork Fact. 78.20 . . . 08/31/81 78.20 181 09/03/81 J. . . .

W. GIMBEL v. INTERNATIONAL MAILING AND PRINTING CO. INC. G. R., 506 So. 2d 1081 (Fla. Dist. Ct. App. 1987)

. . . International would be entitled to a reasonable attorneys fee on the replevin count pursuant to section 78.20 . . . point raised by Gimbel relates to International Mailing’s entitlement to an attorneys fee under section 78.20 . . . Maierhoffer, 382 So.2d 318, 322 (Fla. 3d DCA 1979) (interpreting § 78.20). . . . Section 78.20 does not create an independent cause of action for damages to a replevied chattel, and . . . Section 78.20 is merely a “make whole” provision for defendants who prevail in replevin actions and meet . . .

SAG HARBOUR MARINE, INC. v. FICKETT d b a, 484 So. 2d 1250 (Fla. Dist. Ct. App. 1985)

. . . The trial court, citing sections 78.20 and 78.21, Florida Statutes (1981), ordered Sag Harbour to pay . . . The court’s opinion and judgment predicated the award upon a citation to sections 78.20 and 78.21, Florida . . . The only statutory authority for awarding attorney’s fees is found in section 78.20, which applies when . . . was neither retained by nor redelivered to appellees within the meaning of the provisions of section 78.20 . . . Because the circuit court erred as a matter of law in relying on both section 78.20 and 78.21 as authority . . . erred in considering the trial court’s ruling on their entitlement to attorney’s fees under section 78.20 . . .

WEIGH LESS FOR LIFE, INC. a v. BARNETT BANK OF ORANGE PARK,, 399 So. 2d 88 (Fla. Dist. Ct. App. 1981)

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

L. RICHWAGEN, v. LILIENTHAL,, 386 So. 2d 247 (Fla. Dist. Ct. App. 1980)

. . . that the defendant was entitled to recover attorney’s fees from the plaintiff under Florida Statute 78.20 . . .

MICHIGAN NATIONAL BANK OF DETROIT, v. MAIERHOFFER,, 382 So. 2d 318 (Fla. Dist. Ct. App. 1979)

. . . his cross-appeal, urges that the trial court erred in denying him an attorneys fee based upon Section 78.20 . . . The statute provides: “78.20 Judgment for defendant when goods retained by, or redelivered to, him. . . .

WOLGIN v. ATLAS UNITED FINANCIAL CORPORATION S. BLUMENFELD v. ATLAS UNITED FINANCIAL CORPORATION, 397 F. Supp. 1003 (E.D. Pa. 1975)

. . . 104.20 2/28/74 2.083 99.00 3/15/74 2.083 93.80 3/31/74 2.083 88.60 4/15/74 2.083 83.40 4/30/74 2.083 78.20 . . .

PHILPOTT v. ESSEX COUNTY WELFARE BOARD, 409 U.S. 413 (U.S. 1973)

. . . Those benefits, calculated on the basis of $69.60 per month for 20 months and $78.20 per month for six . . .

BUFORD v. AMERICAN FINANCE COMPANY LEMONS v. WELCOME FINANCE COMPANY LEMONS v. JACKSON LOAN COMPANY LEMONS v. CITY FINANCE CORP. LEMONS v. ACME INVESTMENT CO. KINSEY v. TIME FINANCE SERVICE KINSEY v. CHESTERFIELD FINANCE COMPANY C. LEMONS v. TIME FINANCE COMPANY KINSEY v. YATES, POOLE FOSTER, t a, 333 F. Supp. 1243 (N.D. Ga. 1971)

. . . defendants properly included the notary fee in the “finance charge”, the “amount financed” would have been $78.20 . . .

BIRD SONS, INC. v. UNITED STATES, 420 F.2d 1051 (Ct. Cl. 1970)

. . . -0269, in the amount of $7,-038, for the lease of a transit mixer truck, with operator and helper ($78.20 . . .

BIRD SONS, INC. v. THE UNITED STATES, 190 Ct. Cl. 426 (Ct. Cl. 1970)

. . . C-0269, in the amount of $7,038, for the lease of a transit mixer truck, with operator and helper ($78.20 . . .

METCALF, v. O. SWANK, H., 305 F. Supp. 785 (N.D. Ill. 1969)

. . . Municipal Code of the City of Chicago, §§ 78.11, 78.20. . . .

BUTLER, v. J. MIRABELLI,, 179 So. 2d 868 (Fla. Dist. Ct. App. 1965)

. . . Fla.Stats. 78.18 (plaintiff) and 78.20 (defendant) F.S.A., set out what the judgment is to cover in cases . . .

RAMBO, Jr. v. RAMBO,, 155 So. 2d 817 (Fla. Dist. Ct. App. 1963)

. . . basis, but for a while prior to filing suit had been working only part time for a monthly salary of $78.20 . . .

CECIL HOLLAND FORD, INC. a v. JAMESON,, 132 So. 2d 621 (Fla. Dist. Ct. App. 1961)

. . . See §§ 78.19, 78.20, 78.21, Fla.Stat., F.S.A. . . .

STATE O HARA, v. D. JUSTICE,, 109 So. 2d 761 (Fla. 1959)

. . . By virtue of § 78.19, F.S.A., which is ftiade applicable to the instant case under provisions of §§ 78.20 . . .

McLEAN, v. J. MUNDY, Co. Co. Co. Co., 81 So. 2d 501 (Fla. 1955)

. . . Larson’s Workmen’s Compensation Law, Sec. 78.20, page 253, The fact that a claim is filed against Employer . . .

J. T. THOMPSON v. MRS. EDNA GUNTNER, 160 Fla. 856 (Fla. 1948)

. . . Section 78.20, F.S. 1941, F.S.A., provides that when judgment is for the defendant and he has the goods . . .

THE COMMACK, 8 F.2d 151 (S.D. Fla. 1925)

. . . Hutchinson, March 4, 1923, $78.20. (16) The Atlantic Company, June 1,1923, $1,150.75. (17) A. W. . . .