Florida Statute 82.04 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 82
FORCIBLE ENTRY AND UNLAWFUL DETAINER

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F.S. 82.04

82.04 Questions involved in this proceeding.—The court shall determine only the right of possession and any damages. Unless it is necessary to determine the right of possession or the record titleholder, the court may not determine the question of title.

History.—s. 4, ch. 1630, 1868; RS 1690; GS 2155; RGS 3459; CGL 5312; s. 33, ch. 67-254; s. 13, ch. 73-330; s. 19, ch. 77-104; s. 424, ch. 95-147; s. 6, ch. 2018-94.

F.S. 82.04 on Google Scholar

F.S. 82.04 on Casetext

Amendments to 82.04

Arrestable Offenses / Crimes under Fla. Stat. 82.04

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 82.04.

Annotations, Discussions, Cases:

Cases Citing Statute 82.04

Total Results: 20

Elizabeth Estevill v. Tomas Estevill

Court: District Court of Appeal of Florida | Date Filed: 2024-11-20

Snippet: damages.” § 82.03(1), Fla. Stat. (2023). See also § 82.04, Fla. Stat. (2023) (providing that in an unlawful

R.P.M., Adoptive Parent and Elizabeth Berkowitz v. In The Matter of the Proposed Adoption of I.R.M.

Court: District Court of Appeal of Florida | Date Filed: 2023-12-20

Snippet: which closely mirrors the language of section 63.082(4)(e), Florida Statutes (2021), regarding the required

HEART OF ADOPTIONS, INC. v. DEPT. OF CHILDREN & FAMILIES

Court: District Court of Appeal of Florida | Date Filed: 2023-09-08

Snippet: was obtained by fraud or duress," see § 63.082(4)(b). Regardless of where the child is placed

JOHN A. THOMPSON, etc. v. STEPHEN A. THOMPSON, etc.

Court: District Court of Appeal of Florida | Date Filed: 2022-07-06

Snippet: detainer action in county court under section 82.04, Florida Statutes (2019), seeking to remove John

ALBERT E. NARVAEZ v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2022-03-16

Snippet: battery. See §§ 784.03(1)(b), Fla. Stat. (2018), 775.082(4)(a), Fla. Stat. (2018). For a battery to be considered

ALBERT E. NARVAEZ v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2022-01-05

Snippet: battery. See § 784.03(1)(b), Fla. Stat. (2018); 775.082(4)(a), Fla. Stat. (2018). For a battery to be considered

M.J.G., THE MOTHER v. A. JULIA GRAVES

Court: District Court of Appeal of Florida | Date Filed: 2022-01-05

Snippet: 2d 650 (Fla. 4th DCA 2005)[.] V. Section 63.082(4)(b), Florida Statutes, expressly provides that consent

REKEY DAVIES BELL v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2021-11-10

Snippet: §§ 316.193(3)(c)(1), 775.082(4)(a), Fla. Stat. (2019). Additionally, relevant to

State of Florida v. Kenneth Purdy

Court: Supreme Court of Florida | Date Filed: 2018-08-30

Citation: 252 So. 3d 723

Snippet: 921.1401, 921.1402, and 775.082. -4- life, and who is sentenced

Rafael Jacob Stoffel v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2018-05-16

Citation: 247 So. 3d 89

Snippet: remainder of the person’s natural life.” § 775.082(4)(a), Fla. Stat. (2014).

CHRISTOPHER DONNELL WILLIAMS v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2017-11-08

Citation: 230 So. 3d 30

Snippet: of incarceration not exceeding one year. § 775.082(4)(a), Fla. Stat. (2016). As both the state and

Devlin v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-08-04

Citation: 224 So. 3d 803, 2017 WL 3316912, 2017 Fla. App. LEXIS 11252

Snippet: he received a ten-year prison term. See §§ 775.082(4)(a) (authorizing a term of imprisonment not exceeding

Delvin v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-08-04

Snippet: he received a ten-year prison term. See §§ 775.082(4)(a) (authorizing a term of imprisonment not exceeding

Desmond T. Kenner v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-12-16

Citation: 208 So. 3d 271, 2016 Fla. App. LEXIS 18444

Snippet: effect the death of any particular individual.” § 82.04(2), Fla. Stat. (2008). An act is considered “imminently

Christopher Busbee v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2016-04-06

Citation: 187 So. 3d 1266, 2016 WL 1337359, 2016 Fla. App. LEXIS 5242

Snippet: imprisonment not to exceed one year. See § 775.082(4)(a), Fla. Stat. (2012). The trial court orally announced

State v. Cotton

Court: District Court of Appeal of Florida | Date Filed: 2016-02-26

Citation: 198 So. 3d 737, 2016 Fla. App. LEXIS 2859, 2016 WL 746359

Snippet: probation ..for up to six months, see §§ 775.082(4)(b), 948.15(1), Fla. Stat. (2013), the adverse impact

In the Interest Of: S.A.R.D.

Court: District Court of Appeal of Florida | Date Filed: 2016-01-13

Citation: 182 So. 3d 897, 2016 Fla. App. LEXIS 430, 2016 WL 145999

Snippet: section. Immigration, and Nationality Act,, Pub.L. No. 82-4.14, 66 Stat. 163 (1952) (codified as 8 U.S.C. §

Hutto v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-05-22

Citation: 173 So. 3d 998, 2015 Fla. App. LEXIS 7745, 2015 WL 2432060

Snippet: misdemeanors in the Florida Statutes. See § 775.082(4)(b), Fla. Stat. (2014). While the Code calls violations

K.A. v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-12-03

Citation: 152 So. 3d 117, 2014 Fla. App. LEXIS 19629, 2014 WL 6789898

Snippet: term of imprisonment not exceeding one year. § 775.082(4)(a), Fla. Stat. (2012). Therefore, the longest K

K.A. v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-12-03

Snippet: of imprisonment not exceeding one year. § 775.082(4)(a), Fla. Stat. (2012). Therefore, the longest K