Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448
Florida Statute 79.01 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
Statute is currently reporting as:
F.S. 79.01 Case Law from Google Scholar Google Search for Amendments to 79.01

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 79
HABEAS CORPUS
View Entire Chapter
F.S. 79.01
79.01 Application and writ.When any person detained in custody, whether charged with a criminal offense or not, applies to the Supreme Court or any justice thereof, or to any district court of appeal or any judge thereof or to any circuit judge for a writ of habeas corpus and shows by affidavit or evidence probable cause to believe that he or she is detained without lawful authority, the court, justice, or judge to whom such application is made shall grant the writ forthwith, against the person in whose custody the applicant is detained and returnable immediately before any of the courts, justices, or judges as the writ directs.
History.s. 1, Sept. 16, 1822; s. 1, ch. 3129, 1879; RS 1771; GS 2248; RGS 3571; CGL 5435; s. 29, ch. 67-254; s. 413, ch. 95-147.

F.S. 79.01 on Google Scholar

F.S. 79.01 on Casetext

Amendments to 79.01


Arrestable Offenses / Crimes under Fla. Stat. 79.01
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 79.01.



Annotations, Discussions, Cases:

Cases Citing Statute 79.01

Total Results: 20

Bonsignori v. Boulay, the Massage Spa, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2024-12-27

Snippet: stipulated to a consent final judgment of $242,079.1 Ms. Bonsignori did not settle the claims against

United Cab of Broward, LLC and Ernsault Maurice v. Nathalia Muller

Court: District Court of Appeal of Florida | Date Filed: 2024-11-13

Snippet: judgment was at least 25% less than the PFS. See § 768.79(1), Fla. Stat. (2022). Per statute, “judgment obtained”

Creative Hardscapes, LLC v. Robert Prawdzik

Court: District Court of Appeal of Florida | Date Filed: 2024-11-08

Snippet: of no liability as contemplated in section 768.79(1).” Id.; see also Annesser, 346 So. 3d at 196 (“To

CITY OF SARASOTA, OFFICER JUAN JAIMES v. ESTATE OF JOHN KAAFI, SOUCY

Court: District Court of Appeal of Florida | Date Filed: 2024-08-14

Snippet: Gorka, 36 So. 3d 646, 650 (Fla. 2010)). Section 768.79(1) provides that "[i]n any civil action for damages

LOUMPOS v. RAYMOND JAMES & ASSOCIATES, INC., BANK ONE

Court: District Court of Appeal of Florida | Date Filed: 2024-08-02

Snippet: entireties account. She also relied on section 655.79(1), Florida Statutes (2017), arguing that it codified

Robert Jones A/K/A Obadyah Baraq Yisrael v. State of Florida - State of Florida Department of Corrections and Florida Commission on Offender Review

Court: District Court of Appeal of Florida | Date Filed: 2024-07-26

Snippet: requiring a response from the detaining authority. § 79.01, Fla. Stat. (2022); Fla. R. Civ. P. 1.630(d)(4)

Lemartec Corporation v. East Coast Metal Structures Corp.

Court: District Court of Appeal of Florida | Date Filed: 2024-05-15

Snippet: than the defendant’s offer to the plaintiff. § 768.79(1), Fla. Stat. (2021). “[T]he offer-of-judgment statute

USAA Casualty Insurance Company v. Health Diagnostics of Fort Lauderdale, LLC, etc.

Court: District Court of Appeal of Florida | Date Filed: 2024-04-17

Snippet: Kuhajda, 202 So. 3d at 394. Section 768.79(1), Florida Statutes, states that a defendant who

JEFFREY WAYNE MORRIS v. RACHEL BOYER

Court: District Court of Appeal of Florida | Date Filed: 2024-03-08

Snippet: action in 4 While section 768.79(1)–(2) references “offer[s] of judgment” and “offer[s]

SDG Dadeland Associates, Inc. v. Kenny Arias

Court: District Court of Appeal of Florida | Date Filed: 2024-01-17

Snippet: directed at appellants’ March 6 proposal. See § 768.79(1), Fla. Stat. (2020); Kaufman v. Smith, 693 So. 2d

Brinda Coates, etc. v. R.J. Reynolds Tobacco Company

Court: Supreme Court of Florida | Date Filed: 2023-06-15

Snippet: pursuing the penalties of this section. § 768.79(1) (emphasis added). Two portions of the text

MARK SPANAKOS v. HAWK SYSTEMS, INC.

Court: District Court of Appeal of Florida | Date Filed: 2023-04-19

Snippet: exception for shareholder derivative suits. § 768.79(1), Fla. Stat. (2015). Although rule 1.442 formerly

STOREY MOUNTAIN, LLC a/a/o IBERIABANK v. MAJESTIC LAND HOLDINGS, INC.

Court: District Court of Appeal of Florida | Date Filed: 2023-02-15

Snippet: the statutory presumption created by section 655.79(1), Florida Statutes (2011), in favor of the account

Suarez Trucking Fl Corp. v. Adam J. Souders

Court: Supreme Court of Florida | Date Filed: 2022-10-20

Snippet: So. 2d 197, 198 (Fla. 3d DCA 1994) (“[Section 768.79(1)] does not prevent an offeree from actually accepting

STEFANO VERSACE v. URUVEN, LLC

Court: District Court of Appeal of Florida | Date Filed: 2022-10-12

Snippet: more than that in in 2008 by amending section 655.79(1), Florida Statutes, to provide: “Any deposit or

Kimberley McQueary v. Florida Department of Health, State of Florida Board of Nursing

Court: District Court of Appeal of Florida | Date Filed: 2022-09-21

Snippet: which may be imposed by the board . . . .” § 456.079(1), Fla. Stat. These guidelines “provide reasonable

Michael Anthony Conage v. United States

Court: Supreme Court of Florida | Date Filed: 2022-08-25

Snippet: of Florida’s drug trafficking law in 1979. Ch. 79- 1, § 1, Laws of Fla. The Legislature added trafficking

JOHN ANNESSER v. INNOVATIVE SERVICE TECHNOLOGY MANAGEMENT SERVICES, INC.

Court: District Court of Appeal of Florida | Date Filed: 2022-08-17

Snippet: and Rule 1.420(d), and fees under section 768.79, 1 Annesser filed a motion seeking a dismissal with

PHILIP MORRIS USA INC. v. ROBERT A. GORE, SR., Individually and as Personal Representative of the ESTATE OF GLORIA H. GORE

Court: District Court of Appeal of Florida | Date Filed: 2022-04-13

Snippet: incurred from the date the offer was served. § 768.79(1), (6)(b), Fla. Stat. (2020) (emphasis added).

AVRA JAIN v. BUCHANAN INGERSOLL & ROONEY PC, etc.

Court: District Court of Appeal of Florida | Date Filed: 2021-12-01

Snippet: We begin with the relevant statute. Section 768.79(1) provides, in pertinent part: In any civil