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Florida Statute 56.15 - Full Text and Legal Analysis
Florida Statute 56.15 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 56.15 Case Law from Google Scholar Google Search for Amendments to 56.15

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 56
FINAL PROCESS
View Entire Chapter
56.15 Executions; stay of illegal writs.If any execution issues illegally, the judgment debtor may obtain a stay by making and delivering an affidavit to the officer having the execution, stating the illegality and whether any part of the execution is due, with a bond with surety payable to the judgment creditor in double the amount of the execution or the part of which a stay is sought conditioned to pay the execution or part claimed to be illegal and any damages for delay if the affidavit is not well founded. On receipt of such affidavit and bond the officer shall stay proceedings on the execution and return the bond and affidavit to the court from which the execution issued. The court shall pass on the question of illegality as soon as possible. If the execution is adjudged illegal in any part, the court shall stay it as to the part but if it is adjudged legal in whole or in part, the court shall enter judgment against the principal and surety on such bond for the amount of so much of the execution as is adjudged to be legal and execution shall issue thereon.
History.ss. 2, 3, Feb. 15, 1834; RS 1195; GS 1624; RGS 2828; CGL 4515; s. 11, ch. 67-254; s. 9, ch. 2016-33.
Note.Former s. 55.37.

F.S. 56.15 on Google Scholar

F.S. 56.15 on CourtListener

Amendments to 56.15


Annotations, Discussions, Cases:

Cases Citing Statute 56.15

Total Results: 16  |  Sort by: Relevance  |  Newest First

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Myra Furcron v. Mail Centers Plus, LLC, 843 F.3d 1295 (11th Cir. 2016).

Cited 114 times | Published | Court of Appeals for the Eleventh Circuit | 2016 WL 7321211

(quoting Moore’s Federal Practic e § 56.15 (2d ed. 1985)) (alterations in original). In any
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Ellen T. Harris v. H & W Contracting Co., 102 F.3d 516 (11th Cir. 1997).

Cited 85 times | Published | Court of Appeals for the Eleventh Circuit

...stipulations and concessions, and other materials admissible in evidence or otherwise usable at trial.” Clay v. Equifax, Inc., 762 F.2d 952, 956 (11th Cir.1985) (dicta) (emphasis added); see also 6 James W. Moore et al., Moore’s Federal Practice § 56.15[7] (2d ed.1996) (same); 10A Charles Alan Wright, Arthur R....
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Bingham, Ltd. v. United States, 724 F.2d 921 (11th Cir. 1984).

Cited 61 times | Published | Court of Appeals for the Eleventh Circuit | 1984 U.S. App. LEXIS 25626

...ierce v. Ford Motor Co., 190 F.2d 910, 915 (4th Cir.1951)); Smith v. City of Manchester, 460 F.Supp. 30, 36 (E.D.Tenn.1978) (constitutional law); Rypkema v. Bowers, 66 F.R.D. 564, 569 (N.D.W.Va.1974) (same). See generally Moore’s Federal Practice, § 56.15[1.-0], 56-398....
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Henry Gerrard Clay v. Equifax, Inc., 762 F.2d 952 (11th Cir. 1985).

Cited 42 times | Published | Court of Appeals for the Eleventh Circuit | 1985 U.S. App. LEXIS 30171

otherwise usable at trial. 6 Moore Federal Practice § 56.-15[7]. The court may draw legal presumptions as well
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Fish Carburetor Corp. v. Great Am. Ins. Co., 125 So. 2d 889 (Fla. Dist. Ct. App. 1961).

Cited 12 times | Published | District Court of Appeal of Florida

...ring the propriety of the court's action in this regard. Reversed and remanded for new trial. STURGIS and CARROLL, DONALD, JJ., concur. NOTES [1] Smith v. City of Daytona Beach, Fla.App. 1960, 121 So.2d 440; Moore's Federal Practice, 2d Ed., Vol. 6, § 56.15(1)....
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Settecasi v. Bd. of Pub. Instruction, 156 So. 2d 652 (Fla. Dist. Ct. App. 1963).

Cited 11 times | Published | District Court of Appeal of Florida

...This burden is upon the movant irrespective of whether he or his opponent would at trial have the burden of proof on the issue concerned, and it rests on the movant whether he is by it required to show the existence or non-existence of facts. 6 Moore's Federal Practice, 2nd Ed., § 56.07, p. 2044; § 56.15 (3), pp....
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Visingardi v. Tirone, 178 So. 2d 135 (Fla. Dist. Ct. App. 1965).

Cited 10 times | Published | District Court of Appeal of Florida

...ies. But, as stated above, since it possessed some evidentiary value on the negligence issue, it should have been accepted on the motion for summary judgment, and the motion to strike it should have been denied. NOTES [1] 6 Moore's Federal Practice, § 56.15(3), p....
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First Alabama Bank of Montgomery, N.A. v. First State Ins., 899 F.2d 1045 (11th Cir. 1990).

Cited 7 times | Published | Court of Appeals for the Eleventh Circuit

interest.” G, COUCH, CYCLOPEDIA OF INSURANCE LAW § 56:15 (2d. ed. 1982). Thus, the critical date for awarding
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In re Jones, 268 B.R. 865 (Bankr. M.D. Fla. 2001).

Published | United States Bankruptcy Court, M.D. Florida | 15 Fla. L. Weekly Fed. B 3, 2001 Bankr. LEXIS 1365, 88 A.F.T.R.2d (RIA) 5980

Defendants for Violation of South Carolina Statute Section 56-15-30, et seq.” In Count V, Magic Toyota and Mr
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Well-Bilt Prods., Inc. v. Liechty, 167 So. 2d 84 (Fla. Dist. Ct. App. 1964).

Published | District Court of Appeal of Florida

6 Moore’s Federal Practice, 2nd, p. 2165, Section 56.15(8) states: “Discretion plays no real role in
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Zell v. Azzarelli Constr. Co., 269 So. 2d 52 (Fla. 1st DCA 1972).

Published | Florida 1st District Court of Appeal

1.510(e), 31 F.S.A.; 6 Moore, Federal Practice § 56.-15(3). PIERCE, C. J., and HOBSON and MANN, JJ., concur
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Ramagli Realty Co. v. Speier, 110 So. 2d 71 (Fla. Dist. Ct. App. 1959).

Published | District Court of Appeal of Florida | 1959 Fla. App. LEXIS 3144

So.2d 915; 6 Moore’s Federal Practice, 2d Ed., § 56.15(3). As previously pointed out, the defense of waiver
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Berlanti Constr. Co. v. Miami Beach Fed. Sav. & Loan Ass'n, 183 So. 2d 746 (Fla. Dist. Ct. App. 1966).

Published | District Court of Appeal of Florida | 1966 Fla. App. LEXIS 5606

rule is set forth in 6 Moore’s Federal Practice § 56.15(4), (2d ed. 1965), wherein it is stated: * * *
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Harris v. H & W Contracting Co. (11th Cir. 1996).

Published | Court of Appeals for the Eleventh Circuit

...and concessions, and other materials admissible in evidence or otherwise usable at trial." Clay v. Equifax, Inc., 762 F.2d 952, 956 (11th Cir.1985) (dicta) (emphasis added); see also 6 James W. Moore et al., Moore's Federal Practice § 56.15[7] (2d ed.1996) (same); 10A Charles Alan Wright, Arthur R....
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Smith v. Cont'l Ins., 281 So. 2d 393 (Fla. Dist. Ct. App. 1973).

Published | District Court of Appeal of Florida | 1973 Fla. App. LEXIS 7672

is undiscovered. See 6 Moore, Federal Practice § 56.15 [5]. Reversed and remanded. HOBSON and McNULTY
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Time Fin. Servs., Inc. v. Hilliard Mobile Homes, Inc., 329 So. 2d 362 (Fla. Dist. Ct. App. 1976).

Published | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 14044

No effort was made by appellees to comply with F.S. 56.15. That statute provides that upon receipt by the

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