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Florida Statute 56.021 - Full Text and Legal Analysis

Florida Statute 56.021 | Lawyer Caselaw & Research

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The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 56
FINAL PROCESS

View Entire Chapter

56.021 Executions; issuance and return, alias, etc.—When issued, an execution is valid and effective during the life of the judgment, order, or decree on which it is issued. When fully paid, the officer executing it shall make his or her return and file it in the court which issued the execution. If the execution is lost or destroyed, the party entitled thereto may have an alias, pluries or other copies on making proof of such loss or destruction by affidavit and filing it in the court issuing the execution.

History.—s. 1, Feb. 17, 1833; RS 1187; GS 1615; RGS 2819; CGL 4506; ss. 1, 2, ch. 17904, 1937; CGL 1940 Supp. 4505(1); s. 11, ch. 67-254; s. 298, ch. 95-147; s. 3, ch. 2016-33.

Note.—Former s. 55.16.

F.S. 56.021 on Google Scholar

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Amendments to 56.021

Annotations, Discussions, Cases:

Cases Citing Statute 56.021

Total Results: 17 | Sort by: Relevance | Newest First

Keith Stansell v. Revolutionary Armed Forces of Columbia, (FARC), 771 F.3d 713 (11th Cir. 2014).

Cited 107 times | Published | Court of Appeals for the Eleventh Circuit

opportunity to be heard. See Fla. Stat. § 56.21 (“When levying upon real property, notice of such

Burshan v. Nat'l Union Fire Ins. Co. of Pittsburgh, Pa., 805 So. 2d 835 (Fla. 4th DCA 2001).

Cited 24 times | Published | Florida 4th District Court of Appeal | 2001 WL 883234

..., or decree." §§ 55.10(3), 55.081, Fla. Stat. (2000). Execution is a final process to enforce a judgment. Fla. R. Civ. P. 1.570(a). "When issued, an execution is valid and effective during the life of the judgment or decree on which it is issued." § 56.021, Fla....

QUAY DEV. v. Elegante Bldg. Corp., 392 So. 2d 901 (Fla. 1981).

Cited 11 times | Published | Supreme Court of Florida | 1981 Fla. LEXIS 2546

case involves the constitutionality of former section 56.21, Florida Statutes (1975), which provided the

Corzo Trucking Corp. v. West, 61 So. 3d 1285 (Fla. 4th DCA 2011).

Cited 6 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 8072, 2011 WL 2135589

...We affirm the denial of Rule 1.540 relief, since we find no abuse of discretion. See Schultz v. Time Warner Entm’t Co., 906 So.2d 297, 299 (Fla. 5th DCA 2005). POLEN and DAMOORGIAN, JJ., concur. . In Florida, “an execution is valid and effective during the life of the judgment or decree on which it is issued.” § 56.021, Fla....

Bit-O-Sweden, Inc. v. Kittredge, 566 So. 2d 364 (Fla. 5th DCA 1990).

Cited 3 times | Published | Florida 5th District Court of Appeal | 1990 Fla. App. LEXIS 6712, 1990 WL 127342

to comply with the technical requirements of section 56.21, Florida Statutes, which states in pertinent

Westport Recovery Corp. v. Batista, 965 So. 2d 1189 (Fla. 3d DCA 2007).

Cited 2 times | Published | Florida 3rd District Court of Appeal | 2007 WL 2609377

...Carlos Marin, for appellee. Before SHEPHERD, CORTIÑAS, and ROTHENBERG, JJ. SHEPHERD, J. Westport Recovery Corporation, as successor to First Union National Bank of Florida, appeals an order denying its motion to stay satisfaction of a writ of execution. Pursuant to section 56.021 of the Florida Statutes (2005), the sheriff may satisfy a properly issued writ of execution during its lifetime only upon it being "fully paid." Westport asserts that the writ has not been "fully paid," and therefore is not subject to...

Betaco, Inc. v. Countrywide Home Loans, Inc., 752 So. 2d 696 (Fla. 2d DCA 2000).

Cited 2 times | Published | Florida 2nd District Court of Appeal | 2000 Fla. App. LEXIS 1323, 2000 WL 193578

...A sheriffs sale was held and on April 17, 1997, Betaco's predecessor-in-interest took title by sheriffs deed. Betaco subsequently took title to the property by warranty deed. An execution is valid and effective only during the life of the judgment on which it is issued. See § 56.021, Fla....

Sephus v. Gozelski, 670 F. Supp. 1552 (S.D. Fla. 1987).

Cited 1 times | Published | District Court, S.D. Florida | 1987 U.S. Dist. LEXIS 9191

[2] Turning to Florida law, Florida Statutes Section 56.21 (1982) governed the procedures to be followed

Helinger v. Allen, 352 So. 2d 122 (Fla. Dist. Ct. App. 1977).

Published | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 16916

January 3, 1976, at 11:00 a. m. Pursuant to Section 56.21, Florida Statutes (1975), the sheriff’s department

Sara Rosenberg, Etc. v. U.S. Bank, N.A. (Fla. Dist. Ct. App. 2023).

Published | District Court of Appeal of Florida

order of the court at any time after judgment.”); § 56.021, Fla. Stat. (“When issued, an execution is valid

Gamez v. First Union Nat'l Bank of Florida, 31 So. 3d 220 (Fla. 4th DCA 2010).

Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 2943, 2010 WL 785936

property and not to real property.” Id. at 383. Section 56.21, Florida Statutes (2005), establishes the notice

Stettner v. Richardson, 143 So. 3d 987 (Fla. 3d DCA 2014).

Published | Florida 3rd District Court of Appeal | 2014 WL 3456201, 2014 Fla. App. LEXIS 10906

notice of the sheriffs sale as required by section 56.21, Florida Statutes (2009). Richardson had filed

Park Fin. of Broward, Inc. v. Jones, 94 So. 3d 617 (Fla. 4th DCA 2011).

Published | Florida 4th District Court of Appeal | 2011 WL 2694573, 2011 Fla. App. LEXIS 11004

...Pursuant to rule 1.550(a), “[ejxecutions on judgments shall issue during the life of the judgment on the oral request of the party entitled to it or that party’s attorney without prae-cipe.” 2 An execution is “valid and effective during the life of the judgment or decree on which it is issued.” § 56.021, Fla....

...be enforced, recognizing that a decision on the merits without financial recovery is a hollow victory. To apply rule 1.420(e) to create a post-judgment procedural trap would weaken the force of a final money judgment that is contemplated by sections 56.021, 55.081, and 55.10....

Menotte v. King (In Re King), 463 B.R. 555 (Bankr. S.D. Fla. 2011).

Published | United States Bankruptcy Court, S.D. Florida. | 23 Fla. L. Weekly Fed. B 273, 2011 WL 7111364, 2011 Bankr. LEXIS 5280

advertisement of the sale as required by Fla. Stat. § 56.21, and (2) the Notice of Sale failed to state a specific

Gibson v. Sampson, 353 So. 2d 609 (Fla. Dist. Ct. App. 1977).

Published | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 16914

(The Apopka Chief) pursuant to Florida Statute § 56.21 (1975). Not surprisingly, neither the husband nor

Ago (Fla. Att'y Gen. 2005).

Published | Florida Attorney General Reports

property, must be noticed as prescribed in section 56.21, Florida Statutes. The sale must take place

Com. Bank of Okeechobee v. Proctor, 349 So. 2d 710 (Fla. Dist. Ct. App. 1977).

Published | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 16545

therefore subject to decay, and pursuant to Section 56.21,3 Florida Statutes, ordered the Sheriff of Marion

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