CopyCited 107 times | Published | Court of Appeals for the Eleventh Circuit
...§
56.21 (“When levying upon real property, notice of such
levy and execution sale and affidavit . . . shall be made to the property owner of
record in the same manner as notice is made to any judgment debtor pursuant to
this section . . . .”); Fla. Stat. §
56.16 (outlining procedure for third-party claimants
to halt an execution sale); Fla....
CopyCited 20 times | Published | Court of Appeals for the Eleventh Circuit | 2013 WL 4463006, 2013 U.S. App. LEXIS 17580
...This does not
authorize seizure of property exempted from levy and sale under
execution or property which has passed to a bona fide purchaser
for value and without notice. Any person aggrieved by the levy
may proceed under §§ 56.16-56.20.
Id....
...But the supplementary proceeding does not end there.
After the expedited proceeding, the court may order the sheriff to seize the third
party’s property, Fla. Stat. §
56.29(6)(b), and the court’s order would trigger
procedural safeguards -- codified at sections
56.16 through
56.20 -- for the third
party. Id. Thus, a third party may stop the sheriff from taking his property by filing,
with the sheriff, an affidavit “that the property claimed belongs to him” and by
furnishing “a bond with surety” to the sheriff. Id. §
56.16....
CopyCited 14 times | Published | Supreme Court of Florida | 85 A.L.R. 3d 1015
...There does not appear to be any "third party claimant" statutory provision available in replevin, as is the case in attachment wherein F.S. §
76.21, F.S.A., provides for interposing a claim "in the manner provided in case of execution." Fla. Stat. §
56.16 et seq., F.S.A....
CopyCited 10 times | Published | Florida 4th District Court of Appeal
...Also on May 7, 1976, Love filed a motion for stay of execution, incorporating three affidavits which will be discussed hereinafter. On May 13, 1976, Love then sought relief in the Federal District Court seeking to enjoin a sale pursuant to the levy, and asserting the unconstitutionality of Section 56.16, Florida Statutes (1975). When Love's application for temporary injunction was denied he posted a bond on May 15, 1976, as required by Section 56.16, Florida Statutes (1975), and a proposed sheriff's sale was prevented....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 2006 Fla. App. LEXIS 20777, 2006 WL 3615118
...Reversed and remanded for further proceedings consistent herewith. NOTES [1] The trial court's order specifically refers to Sanchez as "third-party defendant." [2] Century's argument that Sanchez never filed an affidavit with the county sheriff, pursuant to sections 56.16-56.20, Florida Statutes (2005), asserting that the property belongs to him is without merit. Those sections relate to third party claims after property has been levied upon. See Section 56.16, Florida Statutes (2005)....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1993 Fla. App. LEXIS 4489, 1993 WL 120831
...Quinn, as Trustee for Southeast, but that the Notice of Sale stated Hugh F. Quinn, Trustee, which by law, it alleged, was the same as "Hugh F. Quinn individually." Nowhere in this record do we find that Mr. Quinn, individually, sought protection under section 56.16, et....
CopyCited 3 times | Published | Supreme Court of Florida
...it. If the claimant’s property has already been levied
upon, he or she may obtain possession of the property by filing with the officer having the
execution a copy of this affidavit and by furnishing the officer a bond with surety, as set forth in
section 56.16, Florida Statutes.
8
CopyPublished | District Court, S.D. Florida | 1981 U.S. Dist. LEXIS 12246
...The procedure on execution, in proceedings supplementary to and in aid of a judgment, and in proceedings on and in aid of execution shall be in accordance with the practice and procedure of the state in which the district court is held, existing at the time the remedy is sought. Plaintiff contends that Fla.Stat. § 56.16 1 is applicable and that it provides the exclusive remedy available to a third party claiming ownership of seized property. Section 56.16 does provide a mechanism whereby a third party may claim property upon which a judgment creditor has levied....
...he judgment debtor’s property. The suit for replevin was dismissed. The claimant then sought to intervene in the original litigation but was refused. Finally, the claimant was able to proceed by complying with the procedures set forth in Fla.Stat. § 56.16....
...s nor Big Green Frog Enterprises had ever been served with any pleadings nor were they parties to the original action. Although a judgment creditor may question the propriety of any transfer of property by his debtor that does not automatically make section 56.16 the appropriate remedy....
...It is patently clear that Fla.Stat. §
56.29 is the correct procedure to be followed in execution of judgment where the property sought to be levied on is (a) in the possession or control of a third party; and (b) is titled in the name of a third party. Florida Statute §
56.16 does not apply to property in the possession of and titled in third parties. Section
56.16 simply permits a judgment creditor to execute on property in the possession of the judgment debtor while protecting third parties who may have an interest therein. It is accordingly, ORDERED AND ADJUDGED that Plaintiff’s Motion to Reconsider and Vacate the Order of February 11, 1981 be and the same is hereby DENIED. .
56.16 Executions; claims of third parties to property levied on....
...to satisfy the execution. This does not authorize seizure of property exempted from levy and sale under execution or property which has passed to a bona fide purchaser for value and without notice. Any person aggrieved by the levy may proceed under ss. 56.16-56.20....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 1390, 1986 Fla. App. LEXIS 8437
...Appellant seeks review of an interlocutory order by which his motion for stay of execution was denied. The order is reviewable under Rule 9.130(a)(4), Fla.R.App.P., as a nonfinal order entered after final order on authorized motion. Appellant contends section 56.16, Florida Statutes (1983), which requires a bond as a condition to a hearing during which third parties can assert ownership to properties seized upon execution, is unconstitutional as a denial of due process....
...After Giardina mounted the catering box on her truck, the truck was seized by the sheriff of Alachua County pursuant to levy under a judgment recovered by appel-lee against Giardina in an amount over $9,000. Appellant sought recovery of his catering box by filing with the sheriff an affidavit of ownership, as required under section 56.16, but he asserted inability to post the bond required by that statute....
...The court denied the motion on the grounds that appellant was not a party to the suit between Giardina and appellee, and, as a non-party, was not eligible to use Rule 1.550(b), Fla.R.Civ.P., to stay the execution proceedings. The court noted that appellant’s proper remedy was section 56.16....
...At the hearing appellant failed to raise any constitutional issue with respect to that statute. The sheriff advertised the property and scheduled the execution sale. Appellant filed a petition for rehearing, in which he did seek to raise the constitutional issue presented here as to section 56.16....
...The circuit court denied the petition. Appellant then appealed the order denying his motion to stay the execution. The sheriff sold Giardina’s truck, with appellant’s catering box attached, to appellee, the sole bidder. Appellant contends he was denied, under section
56.16, Florida Statutes, a post-seizure hearing in which to assert ownership of his property, and that such denial was an unconstitutional violation of due process. Section
56.16 is part of a legislative scheme, encompassing sections
56.16 through
56.20, Florida Statutes, specifically developed to provide for the assertion of claims by third parties to property levied on under a writ of execution....
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 15103
execution was levied is provided for by statute. Section
56.16, Florida Statutes (1976), provides that a third
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 16545
...The subject matter of the third chapter in this episode is a suggestion for writ of prohibition filed by the Bank in this Court on June 10, 1977, against Judge Swigert, as the respondent. By its suggestion, the Bank, after basically alleging the facts recited above, concluded that Section 56.16, 4 Florida Statutes, provides a sole and exclusive remedy for third parties claiming ownership in property levied upon pursuant to that statute....
...Situated in the Fifth Judicial Circuit. . Situated in the Nineteenth Judicial Circuit. . Sec.
56.21, Fla.Stat, provides, in part: “. . the time of such notice [30 days] may be shortened in the discretion of the court from which the execution issued . . ..” . Sec.
56.16, Fla.Stat., provides, in pertinent part: ", ....
CopyPublished | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 5299, 2016 WL 1367042
...motion to intervene post-judgment. Such motions are not appropriate
when there is an alternative procedure that is available to protect the
interest of the moving party. De Sousa v. JP Morgan Chase, N.A.,
170 So.
3d 928, 931 (Fla. 4th DCA 2015). Here, Appellant had available to it
section
56.16, Florida Statutes (2015), which provides that “any person
other than the defendant in execution [who] claims any property levied on
....
