Florida Statute 79.06 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 79
HABEAS CORPUS

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F.S. 79.06

79.06 Effect of the return.—

(1) GENERALLY.—The return made to the writ may be amended, and is not conclusive as to the facts stated therein, but the court, justice or judge before whom the return is made may examine into the cause of the imprisonment or detention, receive evidence in contradiction of the return, and determine it as the truth of the case requires.

(2) IN CASES OF CONTEMPT.—On the return of the writ when the cause of detention appears to be a contempt, plainly and specifically charged in the commitment by some court officer or body having authority to commit for the contempt so charged and for the time stated, the court, justice or judge before whom the writ is returnable shall remand the prisoner forthwith if the time for detention for contempt has not expired.

History.—s. 6, Sept. 16, 1822; s. 6, ch. 3129, 1879; RS 1775; GS 2252; RGS 3575; CGL 5439; s. 29, ch. 67-254.

F.S. 79.06 on Google Scholar

F.S. 79.06 on Casetext

Amendments to 79.06

Arrestable Offenses / Crimes under Fla. Stat. 79.06

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 79.06.

Annotations, Discussions, Cases:

Cases Citing Statute 79.06

Total Results: 20

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. FINSON

Court: Fla. Dist. Ct. App. | Date Filed: 2024-04-17T00:00:00-07:00

Snippet: limits." 254 So. 3d at 979; see also § 768.79(6)(b), Fla. Stat. (2017) (conditioning an award of…effectively the 'net judgment' as section 768.79(6)(b) describes, is for the amount representing the

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

Court: Fla. Dist. Ct. App. | Date Filed: 2024-04-17T00:00:00-07:00

Snippet: liability. A companion statutory provision, section 768.79(6)(a), similarly reads: If a defendant serves

MARK SPANAKOS v. HAWK SYSTEMS, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2023-04-19T00:53:00-07:00

Snippet: incurred from the date the proposal was served. § 768.79(6)(a), Fla. Stat. (2015). “[A]n offer that complies

SAFEPOINT INSURANCE COMPANY v. JANNIE WILLIAMS

Court: Fla. Dist. Ct. App. | Date Filed: 2021-11-09T23:53:00-08:00

Snippet: establish entitlement to fees under section 768.79(6). We find this position untenable and unsupported…the verdict was reduced. . . . § 768.79(6), Fla. Stat. The Florida Supreme Court has…definition of “judgment obtained” in section 768.79(6) includes, in addition to damages, “pre-offer attorneys

CCM Condominium Association, Inc., etc. v. Petri Positive Pest Control, Inc., etc.

Court: Fla. | Date Filed: 2021-09-09T00:53:00-07:00

Snippet: the filing of the demand.” Similarly, section 768.79(6)(b), Florida Statutes (2014) (emphasis added), …from the date the offer was served.” Section 768.79(6), Florida Statutes (2014) (emphasis added), explains… -8- obtained’ required in section 768.79(6)(b), could not include the amount of the punitive… CCM claims that the language of section 768.79(6) defining “judgment obtained” as the “net judgment

STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. v. GLORIA R. WASHINGTON

Court: Fla. Dist. Ct. App. | Date Filed: 2021-09-03T00:53:00-07:00

Snippet: 5 Section 768.79(6)(b) provides that when a defendant does not accept…guidelines promulgated by the Supreme Court." § 768.79(6)(b). Because section 768.79 is "penal in nature… an attorney's fee award under section 768.79(6)(b). Lewis, 275 So. 3d at 749-50. The trial court…determine the judgment obtained under section 768.79(6)(b), the taxable costs must be determined in accordance…taxable for purposes of a fee award under section 768.79(6)(b). Thus, the trial court erred by including those

THE ESTATE OF ELFRIEDE Z. SWEENEY v. GLORIA R. WASHINGTON

Court: Fla. Dist. Ct. App. | Date Filed: 2021-09-03T00:53:00-07:00

Lucious Boyd v. State of Florida

Court: Fla. | Date Filed: 2021-05-13T00:53:00-07:00

Snippet: restroom. Boyd I, 910 So. 2d at 178-79. -6- After receiving a response

SUSAN MATRISCIANI v. GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY

Court: Fla. Dist. Ct. App. | Date Filed: 2020-06-10T00:53:00-07:00

Snippet: for an award of attorney’s fees under section 768.79(6), the trial court did not err in considering the

SUSAN MATRISCIANI v. GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY

Court: Fla. Dist. Ct. App. | Date Filed: 2020-06-10T00:53:00-07:00

Snippet: for an award of attorney’s fees under section 768.79(6), the trial court did not err in considering the

PALM BEACH COUNTY SCHOOL BOARD v. MICHAEL R. BAKST, TRUSTEE IN BANKRUPTCY FOR EAGLE ARTS ACADEMY, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2020-04-15T00:53:00-07:00

Snippet: counsel agreed to undertake the representation. § 768.79(6)(a), (b), Fla. Stat.” Sarkis v. Allstate Ins. Co

Rosella Wilcox v. Michael Neville

Court: Fla. Dist. Ct. App. | Date Filed: 2019-10-30T00:53:00-07:00

Snippet: interpreting the term “postoffer settlement” in section 768.79(6) to mean settlement after the time for accepting…the phrase “postoffer settlement” in section 768.79(6). Specifically, the disputed issue was whether Jason…should be added to the net judgment under section 768.79(6). The trial court explained in its order on…contrary to legislative intent. Id. Section 768.79(6), Florida Statutes (2015), provides in pertinent…, 856 (Fla. 2016). Pursuant to section 768.79(6), a party’s entitlement to attorney’s fees depends

Governor Ron DeSantis, in his official capacity as Chief Executive Officer and Chair of the Board of Education State of Florida v. Alexis S. Geffin, Ryan J. Geffin, Thomas A. Warren, Kathleen Villacorta, and the Symphonic Band of the Palm Beaches, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2019-10-21T00:53:00-07:00

Snippet: General Appropriations Act, §§ 1011.32 (6), 1013.79 (6) Fla. Stat., or contemplates scenarios where funds

MARILYN M. WILSON v. GREGORY P. WILSON, as Trustee of the PAUL C. WILSON LIVING TRUST and as Personal Representative of the ESTATE OF PAUL C. WILSON

Court: Fla. Dist. Ct. App. | Date Filed: 2019-08-14T00:53:00-07:00

Snippet: valid only if signed by both parties. See § 61.079(6), Fla. Stat. (2014) (“After marriage, a premarital

Palmentere Bros. Cartage Service, Inc. v. Heather Copeland and Phillip Copeland, her husband

Court: Fla. Dist. Ct. App. | Date Filed: 2019-07-29T00:53:00-07:00

Snippet: and “judgment obtained” required in section 768.79(6)(b), could not include the amount of the punitive

R.J. Reynolds Tobacco Co. v. Lewis

Court: Fla. Dist. Ct. App. | Date Filed: 2019-06-14T00:00:00-07:00

Citation: 275 So. 3d 747

Snippet: for attorney's fees pursuant to section 768.79(6)(b), Florida Statutes (2014). That section states…costs were taxable as of July 14, 2014. Section 768.79(6)(b) provides that an award for attorney's fees

R.J. Reynolds Tobacco Co. v. Lewis

Court: Fla. Dist. Ct. App. | Date Filed: 2019-06-14T00:00:00-07:00

Citation: 275 So. 3d 747

PETRI POSITIVE PEST CONTROL, INC. v. CCM CONDOMINIUM ASSOCIATION, INC. d/b/a COUNTRY CLUB MANOR CONDOMINIUM ASSOC.

Court: Fla. Dist. Ct. App. | Date Filed: 2019-05-01T00:53:00-07:00

Snippet: amounts by which the verdict was reduced.” § 768.79(6)(b), Fla. Stat. Post-offer prejudgment interest

Steak 'n Shake Operations, Inc. v. Michael Davis

Court: Fla. Dist. Ct. App. | Date Filed: 2019-02-27T00:00:00-08:00

Citation: 265 So. 3d 694

Snippet: over twenty-five percent of the offer. See § 768.79(6)(b), Fla. Stat. This denial and subsequent recovery… 2d 138, 140 (Fla. 1st DCA 1996); see also § 768.79(6)(b), Fla. Stat. But the supreme court has held “

Ruiz v. Policlinica Metropolitana, C.A.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-09-26T00:00:00-07:00

Citation: 260 So. 3d 1081

Snippet: later "judgment obtained." Section 768.79(6) explains that "[f]or the purposes of the determination…amount of the net judgment entered ...." § 768.79(6). B. The Offers Made by Ruiz, Premium and Corvaia