Florida Statute 56.12 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 56
FINAL PROCESS

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56.12 Executions; levy, forthcoming bond.—If a judgment debtor wants to retake possession of any property levied on, the judgment debtor may do so by executing a bond with surety to be approved by the officer in favor of the judgment creditor in a sum double the value of the property retaken as fixed by the officer holding the execution and conditioned that the property will be forthcoming on the day of sale stated in the bond.

History.—s. 3, Mar. 15, 1844; RS 1192; GS 1621; RGS 2825; CGL 4512; s. 11, ch. 67-254; s. 301, ch. 95-147; s. 8, ch. 2016-33.

Note.—Former s. 55.34.

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Amendments to 56.12

Annotations, Discussions, Cases:

Cases Citing Statute 56.12

Total Results: 4 | Sort by: Relevance | Newest First

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Fed. Deposit Ins. Corp. v. Sumner Fin. Corp., 376 F. Supp. 772 (M.D. Fla. 1974).

Cited 6 times | Published | District Court, M.D. Florida | 1974 U.S. Dist. LEXIS 8477

...[3] Local 33, Int'l Hod Carriers v. Mason Tenders Dist. Council, 291 F.2d 496 (2d Cir. 1961); United States v. Cless, 150 F.Supp. 687 (M.D.Pa.1957), aff'd 254 F.2d 590 (3d Cir. 1958); Hennessey v. Federal Security Adm'r, 88 F.Supp. 664 (D.Conn.1949); 6 Moore's Federal Practice § 56.12....

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Greer v. Workman, 203 So. 2d 665 (Fla. 4th DCA 1967).

Cited 4 times | Published | Florida 4th District Court of Appeal

...ion for summary judgment by *669 a moving party that as a matter of law the non-moving party is entitled to judgment. The federal cases are overwhelmingly in support of the position taken by Moore in his treatise. 6 Moore's Federal Practice, 2d ed., § 56.12, p....

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Cent. & S. Florida Flood Control Dist. v. Dupuis, 109 So. 2d 596 (Fla. Dist. Ct. App. 1959).

Published | District Court of Appeal of Florida | 1959 Fla. App. LEXIS 3099

61 So.2d 495, 497; 6 Moore, Federal Practice, § 56.12 (2d ed. 1953). Cf. Palm Beach Estates v. Croker

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Marvin Mitchell Studio, Inc. v. Al R. McFadyen Assocs., Inc., 229 So. 2d 608 (Fla. Dist. Ct. App. 1969).

Published | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 6501

LILES, Judge. Certain chattels were levied upon for the purpose of sale to satisfy appellant’s judgment against appellee McFadyen. McFad-yen then regained possession of the property with a forthcoming bond issued pursuant to Section 56.12, Fla.Stat., F.S.A....

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