Florida Statute 78.21 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 78
REPLEVIN

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F.S. 78.21

78.21 Judgment for defendant when goods not retained by, or redelivered to, defendant.—When the property has not been retained by, or redelivered to, defendant and he or she prevails, judgment shall be entered against plaintiff for possession of the property and costs and against plaintiff for the value of the property and costs in the same manner as provided in s. 78.19 for judgment in favor of plaintiff. The value of each article of the goods replevied shall be found as directed in s. 78.19 with the same exception. The remedies provided in s. 78.20 and this section shall not preclude any other remedies available under the laws of this state.

History.—s. 13, Mar. 11, 1845; RS 1725; GS 2189; RGS 3494; s. 1, ch. 9320, 1923; CGL 5347; s. 28, ch. 67-254; s. 1, ch. 73-20; s. 412, ch. 95-147.

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Amendments to 78.21

Annotations, Discussions, Cases:

Cases Citing Statute 78.21

Total Results: 21

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

for the taking, attorney's fees, and costs. Section 78.21 makes similar provision for judgment in favor

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

available under the laws of this state. *1034 Section 78.21 provides that where the property is not redelivered

Lease Fin. v. Nat. Commuter Airlines

462 So. 2d 564

District Court of Appeal of Florida | Filed: Jan 15, 1985 | Docket: 1510000

Cited 6 times | Published

judgment in its favor it has a remedy under section 78.21, Florida Statutes (1983). In addition, this

Butler v. Mirabelli

179 So. 2d 868

District Court of Appeal of Florida | Filed: Oct 21, 1965 | Docket: 1196071

Cited 6 times | Published

denied damages because the controlling statute, Fla. Stat. 78.21, F.S.A., makes no provision therefor. To work

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

the plaintiff has possession of the property. Section 78.21, Florida Statutes (1995), does not provide for

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

elected to take the money judgment. Fla. Stat. § 78.21, F.S.A. provides that when property replevied has

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 only the damage for the taking and costs. Section 78.21, F.S. 1941 F.S.A., provides that when judgment

INTERN. FIDELITY v. Prestige Rent-A-Car

715 So. 2d 1025, 1998 Fla. App. LEXIS 9468, 1998 WL 416496

District Court of Appeal of Florida | Filed: Jul 24, 1998 | Docket: 1365761

Cited 2 times | Published

payment on the bond was required pursuant to section 78.21 of the Florida Statutes (1993).[3] Thereafter

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

award of attorney's fees was not proper under section 78.21, Florida Statutes (1981); (2) appellant is the

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

property is not in the defendant’s possession, section 78.21 requires entry of a judgment against the plaintiff

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

Burrows’ request and basis for attorney’s fees. Section 78.21 does not cover the instant facts and is not

Jalaskari v. Bank of Nova Scotia

802 So. 2d 1220, 2002 Fla. App. LEXIS 131, 2002 WL 27262

District Court of Appeal of Florida | Filed: Jan 11, 2002 | Docket: 64811276

Published

limited to a five or ten-day window for damages. Section 78.21, Florida Statutes (1993), specifically contemplates

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

or the dissolution of a prejudgment writ). Section 78.21, which contains no authority for awarding attorney’s

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

the plaintiff has possession of the property. Section 78.21, Florida Statutes (1995), does not provide for

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

the plaintiff has possession of the property. Section 78.21, Florida Statutes (1995), does not provide for

Ellis Rubin Law Offices, P.A. v. Ferguson

596 So. 2d 1280, 1992 Fla. App. LEXIS 4944, 1992 WL 84135

District Court of Appeal of Florida | Filed: Apr 28, 1992 | Docket: 64666663

Published

not provided for by the applicable statute — section 78.21, Florida Statutes (1991). Sag Harbour Marine

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

replevined automobile and costs as provided by F.S. Section 78.21, F.S.A.” (Emphasis supplied) The surety, Travelers

Delrich Corp. v. LaSalle National Insurance

245 So. 2d 269, 1971 Fla. App. LEXIS 6889

District Court of Appeal of Florida | Filed: Feb 16, 1971 | Docket: 64519281

Published

286 (1937). Affirmed. . See F.S. § 78.21, F.S.A. . See F.S. § 78.21, F.S.A.

Federal Insurance Co. v. Mercer

237 So. 2d 243, 1970 Fla. App. LEXIS 6136

District Court of Appeal of Florida | Filed: Jun 24, 1970 | Docket: 64515284

Published

replevined automobile and costs as provided by F.S. Section 78.21, F.S.A. WALDEN and OWEN, JJ., concur. . In

Wood v. Weeks

81 So. 2d 498, 1955 Fla. LEXIS 3595

Supreme Court of Florida | Filed: Jun 24, 1955 | Docket: 64486969

Published

appropriate evidence should have been offered. Section 78.21, Florida Statutes 1953, F.S.A. This case is

Bryant v. Godfrey

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

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

Published

statutory requirements. It is urged that F.S.A. § 78.21 mandatorily requires that when judgment is for