CopyCited 12 times | Published | Florida 1st District Court of Appeal
...ivered to the defendant "upon the dissolution of a prejudgment *90 writ" [2] (or upon his forthcoming bond) and "defendant prevails," the defendant is entitled to judgment against the plaintiff for damages for the taking, attorney's fees, and costs. Section 78.21 makes similar provision for judgment in favor of the defendant under circumstances where the goods have not been retained by or redelivered to him, if "he prevails......
CopyCited 6 times | Published | Florida 2nd District Court of Appeal
...Finally the defendant contends the court erred in failing to award him damages for plaintiff's detention of the "Tiki" under the writ of replevin. Plaintiff contends defendant was correctly denied damages because the controlling statute, Fla. Stat. 78.21, F.S.A., makes no provision therefor....
...cases where the prevailing party is in possession of the property by virtue of either his replevin or forthcoming bond. Each of these statutes specifically provides the prevailing party shall be entitled to damages. Fla. Stats.
78.19 (plaintiff) and
78.21 (defendant) F.S.A., control cases where the prevailing party is not in possession of the property either by a taking under plaintiff's replevin bond or a retaking under defendant's forthcoming bond....
...Therefore, plaintiff-appellee concludes that the statute precluded any award for damages in this case for the detention of the "Tiki" under the writ of replevin. Were this as far as our analysis had to go we could accept plaintiff's forceful argument. However, since §§
78.19 and
78.21 are worded exactly the same we must look to the case law under both sections to see how they have been construed....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1991 WL 138153
...To ensure the validity of the Florida prejudgment replevin statute, we believe it must be construed to provide, as a minimum, the essential characteristics discussed in Mitchell. The Florida statutory procedure applied in this case, sections
78.068-
78.21, Florida Statutes (1989), has been said to have been fashioned after the Louisiana law found constitutional in Mitchell....
...Section
78.20 provides that upon the dissolution of a prejudgment writ, the defendant is to have judgment against plaintiff for his 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. *1034 Section
78.21 provides that where the property is not redelivered to the defendant and the defendant prevails, judgment shall be entered against [the] 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 s....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal
...nership, but merely determines which party is entitled to possession of the disputed property pending final adjudication of the claims of the parties. Weigh Less for Life. If NCA ultimately obtains a final judgment in its favor it has a remedy under section 78.21, Florida Statutes (1983)....
CopyCited 4 times | Published | Supreme Court of Florida | 2011 Fla. LEXIS 3030, 2011 WL 5829543
...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 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
...The award of $39,805.65 to ABC and $6,773.41 to Blizzard, which represents the value of the goods at the time that they were replevied, cannot be sustained since neither appellee has ever paid for the goods. The record shows that each of the defendants has elected to take the money judgment. Fla. Stat. § 78.21, F.S.A....
...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....
CopyCited 3 times | Published | Supreme Court of Florida | 160 Fla. 856, 1948 Fla. LEXIS 942
...ainst the defendant and his sureties for the amount recovered as aforesaid and costs.” Section
78.20, F.S. 1941, F.S.A., provides that when judgment is for the defendant and he has the goods he may recover only the damage for the taking and costs. Section
78.21, F.S....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1998 Fla. App. LEXIS 9468, 1998 WL 416496
...Prestige then moved for summary judgment on its motion for payment on the bond. After conducting a hearing, the trial court determined that, since the replevied automobiles were no longer in Advantage's possession, payment on the bond was required pursuant to section 78.21 of the Florida Statutes (1993)....
...All other claims of error which were not argued at the hearing have been waived. [4] The first claim of error advanced by Fidelity is that the trial court erred in directing payment on the bond without first ordering Advantage to return the automobiles to Prestige. See § 78.21, Fla....
...erting any defenses in law or in fact. If the surety fails to serve a response within the time allowed, a default may be taken. If the surety serves a response, the issues raised shall be decided by the court on reasonable notice to the parties. [3] 78.21....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...This is an appeal from a final judgment dissolving a prejudgment writ of replevin, granting possession of the property to appellees and awarding appellees damages, costs, and attorney's fees. Sag Harbour raises four issues: (1) The award of attorney's fees was not proper under section
78.21, Florida Statutes (1981); (2) appellant is the prevailing party and entitled to recover its costs under section
78.18, Florida Statutes (1981), because appellees abandoned any claim of possession to three of the four items of property i...
...The court further ordered that the Ficketts had abandoned any claim to the forms, molds, and cruising design (also covered by the order of prejudgment replevin), and therefore Sag Harbour was entitled to retain possession of those items. The trial court, citing sections
78.20 and
78.21, Florida Statutes (1981), ordered Sag Harbour to pay attorney's fees and costs to the Ficketts as the prevailing party....
...tled to judgment in that amount against the replevin bond posted by Sag Harbour. We hold that the trial court erred in awarding attorney's fees to appellees. The court's opinion and judgment predicated the award upon a citation to sections
78.20 and
78.21, Florida Statutes (1981)....
...Section
78.20 provides: When property has been retained by, or redelivered to, defendant on his forthcoming bond or upon the dissolution of a prejudgment writ and defendant prevails, he shall have judgment against plaintiff for his damages for the taking, if any, of the property, attorney's fees and costs. 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 prope...
...pellees within the meaning of the provisions of section
78.20, and that an award of attorney's fees is authorized only by that section. Rather, the final judgment ordering Sag Harbour to redeliver the property to the Ficketts was entered pursuant to section
78.21, and that section contains no authority for awarding attorney's fees. Because the circuit court erred as a matter of law in relying on both section
78.20 and
78.21 as authority for awarding attorney's fees to appellees, that provision of the judgment is reversed....
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 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....
CopyPublished | Florida 1st District Court of Appeal | 2004 Fla. App. LEXIS 18096, 2004 WL 2723596
...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. Given this record, Appellants received sufficient notice of Ms. Burrows’ request and basis for attorney’s fees. Section
78.21 does not cover the instant facts and is not a basis for relief....
...pon 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’s 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....
CopyPublished | Supreme Court of Florida | 1949 Fla. LEXIS 1421
...The verdict of the jury was favorable to the defendants and upon this appeal it is contended that the amended final judgment was erroneous in that it was not entered in accordance with the terms of the verdict or consonant with our statutory requirements. It is urged that F.S.A. § 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 va...
...The only judgment against plaintiff and his surety was in favor of the defendants for their costs in the sum of $16.25. In this case the property, to-wit: a Cadillac automobile, was not redelivered to the defendant upon his forthcoming bond. Consequently, the provisions of Sec. 78.21 , F.S.A., are controlling....
CopyPublished | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 6136
...For the reasons stated, the final judgment appealed from is reversed with directions to enter final judgment for the inter-venor, Federal Insurance Company, for possession of the replevined automobile and against plaintiff R. B. Mercer and his surety for the value of the replevined automobile and costs as provided by F.S. Section 78.21, F.S.A....
CopyPublished | Supreme Court of Florida | 1955 Fla. LEXIS 3595
...It is our view that the value fixed should have been special value to the defendant, based on competent evidence and appropriate instructions and that in order to support the award for detention damages, some appropriate evidence should have been offered. Section 78.21, Florida Statutes 1953, F.S.A....
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 11806, 2005 WL 1788891
...Affirmed in part, reversed in part, and remanded. VILLANTI, J., and THREADGILL, EDWARD F., Senior Judge, Concur. . We note that the relief granted in the final judgment did not comply with the replevin law. When the defendant prevails and the property is not in the defendant’s possession, section 78.21 requires entry of a judgment against the plaintiff for possession of the property and for the value of the property....
...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
...directions to enter final judgment for the intervenor, Federal Insurance Company, for possession of the replev-ined automobile and against plaintiff R. B. Mercer and his surety for the value of the replevined automobile and costs as provided by F.S. Section 78.21, F.S.A.” (Emphasis supplied) The surety, Travelers Indemnity Company, appellant herein, takes the position that the final judgment which was predicated upon the above quoted language is erroneous by reason of the fact that such judgme...
...he protection of those whose interests in the subject property may be jeopardized by the principal’s action.” It is to be noted that the replevin statute under consideration in the General Insurance Company case is analogous to the provisions of Section 78.21; so that when M. V. Deen intervened he became a ‘defendant’ much the same as Federal Insurance Company became a ‘defendant’ in the case sub judice within the meaning of Section 78.21, which section provides as follows : “Judgment for defendant when goods not redelivered to him....
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 6889
...l court correctly denied appellant’s claim to damages for the value of the automobile re-plevied. Cf. Pollack v. Smith, 303 Ill.App. 338 , 25 N.E.2d 138 (1940); Mars v. Hendon, 178 Miss. 157 ,
171 So. 880 ,
173 So. 286 (1937). Affirmed. . See F.S. §
78.21, F.S.A. . See F.S. §
78.21, F.S.A.
CopyPublished | Florida 1st District Court of Appeal | 1992 Fla. App. LEXIS 4944, 1992 WL 84135
...We briefly address one of several issues raised in this appeal from a judgment awarding attorney’s fees and damages for a wrongful replevin. The award of fees is reversed because, as the appellees concede, it is not provided for by the applicable statute — section 78.21, Florida Statutes (1991)....
