Florida Statute 60.04 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 60
INJUNCTIONS

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60.04 Injunction; sureties on bond of fiduciaries may restrain disposition of principal’s property.—When actions are commenced on the bond of any executor, administrator, guardian or trustee, or for an accounting, the surety on the bond may apply to the court in which the action is pending, if in chancery, or if the action is at law, then to any chancery court having jurisdiction, for an injunction restraining any principal in the bond from disposing of his or her property and from encumbering or removing it from the county in which it is located until the final disposition of the action. If it appears on the application that there is danger that the principal may dispose of his or her property before final judgment so that there will not be sufficient property of the principal to satisfy any judgment that is rendered against the administrator, executor, guardian or trustee, the court shall issue an injunction on such terms as are proper, enjoining such principal from disposing of his or her property, or so much thereof as is necessary for the protection of the surety until the final disposition of the action. It is not necessary for the surety to show that any amounts are due by said administrator, executor, guardian or trustee but the judge granting the injunction may vacate it on the executor, administrator, guardian or trustee giving adequate security, to be approved by the court, to the surety conditioned to save him or her harmless for all loss or damage he or she sustains as surety.

History.—s. 1, ch. 5406, 1905; RGS 3183; CGL 4975; s. 15, ch. 67-254; s. 317, ch. 95-147.

Note.—Former s. 64.10.

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Amendments to 60.04

Annotations, Discussions, Cases:

Cases Citing Statute 60.04

Total Results: 5

Winn-Dixie Stores, Inc. v. Dolgencorp, LLC

746 F.3d 1008

Court of Appeals for the Eleventh Circuit | Filed: Mar 5, 2014 | Docket: 141594

Cited 92 times | Published

privity. See 9 Powell on Real Property § 60.04(3)(c)(v) (Michael Allan Wolf ed., 2001 &

Capitoli v. State

175 So. 2d 210

District Court of Appeal of Florida | Filed: May 12, 1965 | Docket: 1280887

Cited 8 times | Published

McCormick, Handbook of the Law of Evidence (1954) § 60; 4 Jones on Evidence (5th ed.) § 980.

Metropolitan Dade Cty. v. PJ BIRDS

654 So. 2d 170, 1995 WL 170333

District Court of Appeal of Florida | Filed: May 5, 1995 | Docket: 1303641

Cited 4 times | Published

properties is drawn directly from 36 C.F.R. section 60.4. The National Park Service has issued a publication

Winn-Dixie Stores, Inc. v. Dolgencorp, LLC

Court of Appeals for the Eleventh Circuit | Filed: Mar 5, 2014 | Docket: 2902227

Published

vertical privity. See 9 Powell on Real Property § 60.04(3)(c)(v) (Michael Allan Wolf ed., 2001 & Supp

Walker v. Palm Beach Commerce Center Associated, Ltd.

614 So. 2d 1097, 18 Fla. L. Weekly Supp. 141, 1993 Fla. LEXIS 329, 1993 WL 64632

Supreme Court of Florida | Filed: Mar 11, 1993 | Docket: 64694706

Published

traditional requirements have been met. E.g., § 60.04, Fla.Stat. (1991).* However, there is nothing in

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