Florida Statute 79.04 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 79
HABEAS CORPUS

View Entire Chapter

F.S. 79.04

79.04 Return to writ.—

(1) The person on whom the writ is served shall bring the body of the prisoner, or cause it to be brought, before the court, justice or judge before whom the writ is made returnable without delay and at the same time certify to the cause of the detention.

(2) When the writ is issued, the court shall set an early return date, at which time the formal return of the defendant shall be made. In the absence of a motion to quash or a motion for discharge notwithstanding the return, issue is joined when the return is filed and the action shall be ready for final disposition.

History.—s. 2, Sept. 16, 1822; s. 2, ch. 3129, 1879; RS 1773; GS 2250; RGS 3573; CGL 5437; s. 29, ch. 67-254.

F.S. 79.04 on Google Scholar

F.S. 79.04 on Casetext

Amendments to 79.04

Arrestable Offenses / Crimes under Fla. Stat. 79.04

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 79.04.

Annotations, Discussions, Cases:

Cases Citing Statute 79.04

Total Results: 20

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: cause of the detention,” as described by section 79.04, Florida Statutes, and for further proceedings by

KOVAR LAW GROUP, PLLC v. JENNIFER JORDAN

Court: District Court of Appeal of Florida | Date Filed: 2024-02-23

Snippet: enforce the settlement agreement." See § 768.79(4). We therefore conclude that the settlement

SDG Dadeland Associates, Inc. v. Kenny Arias

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

Snippet: agreement breaches an obligation thereunder. See § 768.79(4), Fla. Stat. (2020) (“Upon filing of both the offer

Suarez Trucking Fl Corp. v. Adam J. Souders

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

Snippet: I. Section 768.79(4) provides: “An offer shall be accepted by filing

Michael A. Gordon v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2022-09-01

Snippet: Melbourne 4 and Batson v. Kentucky, 476 U.S. 79 4. Melbourne v. State, 679 So. 2d 759, 764 (Fla

ALBERT GHAZZAWIEH AND INSTALLATION CORP. & CONSTRUCTION, LLC vs JONY IGLESIAS

Court: District Court of Appeal of Florida | Date Filed: 2022-04-08

Snippet: proposal for settlement provided in section 768.79(4), Florida Statutes (2017), and rule 1.442(f)(1)

Buggs v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-04-03

Citation: 268 So. 3d 878

Snippet: sentencing.1 Buggs's total sentence points were 79.4, and the lowest permissible sentence was 38.55 months

Buggs v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-04-03

Citation: 268 So. 3d 878

Snippet: sentencing.1 Buggs's total sentence points were 79.4, and the lowest permissible sentence was 38.55 months

OMAR RUSHAWN BUGGS v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-04-03

Snippet: sentencing.1 Buggs's total sentence points were 79.4, and the lowest permissible sentence was 38.55 months

D.H. v. Adept Community Services, Inc.

Court: Supreme Court of Florida | Date Filed: 2018-11-01

Citation: 271 So. 3d 870

Snippet: removed from the Mother’s custody. Id. at 1078-79. 4. 832 So. 2d 708 (Fla. 2002).

GUSTAV RENNY v. ERIKAH BERTOLOTI

Court: District Court of Appeal of Florida | Date Filed: 2018-07-25

Citation: 252 So. 3d 761

Snippet: continuing jurisdiction to enforce under section 768.79(4). See Mady v. DaimlerChrysler Corp.

Steinberg v. Wells Fargo Bank, N.A.

Court: District Court of Appeal of Florida | Date Filed: 2016-10-21

Citation: 178 So. 3d 473, 2015 WL 6161123

Snippet: interest resulted in a principal amount owed of $647,079.04. The bank had paid documentary stamp taxes only

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-INSTRUCTIONS 7.8, 7.8(A), and 11.1-11.6(A)

Court: Supreme Court of Florida | Date Filed: 2016-04-14

Citation: 190 So. 3d 1055, 2016 WL 1460708

Snippet: charged and proven, give instruction on enhancement. 4 79-4:-02S;-Fla-Stadr Lesser-Included Offenses

Michael Steinberg v. Wells Fargo Bank, N.A.

Court: District Court of Appeal of Florida | Date Filed: 2015-10-21

Snippet: interest resulted in a principal amount owed of $647,079.04. The bank had paid documentary stamp taxes only

Dianne L. Hahamovitch n/k/a Dianne Lynn Hahamovitch v. Harry H. Hahamovitch

Court: Supreme Court of Florida | Date Filed: 2015-09-10

Citation: 174 So. 3d 983, 40 Fla. L. Weekly Supp. 477, 2015 Fla. LEXIS 1896

Snippet: governs the dissolution of marriage. Section 61.079(4)(a) provides that “[pjarties to a premarital agreement

Russell Post Properties, Inc. v. Leaders Bank

Court: District Court of Appeal of Florida | Date Filed: 2015-03-11

Citation: 159 So. 3d 348, 2015 Fla. App. LEXIS 3414, 2015 WL 1044276

Snippet: tracks the thirty-day requirement of both section 768.79(4) and Rule 1.442(f)(1). Russell Post cannot reasonably

Ekonomides v. Sharaka

Court: District Court of Appeal of Florida | Date Filed: 2014-03-05

Citation: 133 So. 3d 1174, 2014 WL 866149, 2014 Fla. App. LEXIS 3054

Snippet: jurisdiction to enforce the settlement agreement.” § 768.79(4), Fla. Stat. (2011); see also Mady v. DaimlerChrysler

Diamond Aircraft Industries, Inc. v. Horowitch

Court: Supreme Court of Florida | Date Filed: 2013-01-10

Citation: 107 So. 3d 362, 38 Fla. L. Weekly Supp. 17, 2013 Fla. LEXIS 34, 2013 WL 105328

Snippet: Court within 30 days after service. Fla. Stat. § 768.79(4). (Emphasis added.) Horowitch did not accept this

In re Senate Joint Resolution of Legislative Apportionment 1176

Court: Supreme Court of Florida | Date Filed: 2012-03-09

Citation: 83 So. 3d 597, 37 Fla. L. Weekly Supp. 181, 2012 Fla. LEXIS 507, 2012 WL 753122

Snippet: under the 2002 Senate plan, and the district retains 79.4% of its prior population. Neighboring District 29’s

Ago

Court: Florida Attorney General Reports | Date Filed: 2011-07-21

Snippet: governing board of the district pursuant to s. 373.079(4)(a), Fla. Stat., to develop policies for the terms