Florida Statute 68.03 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 68
MISCELLANEOUS PROCEEDINGS

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68.03 Sequestration; proceedings prescribed.—

(1) If any action is commenced in chancery against any defendant residing out of this state and any other defendant within the state has in his or her hands effects of, or is otherwise indebted to, the absent defendant and the absentee does not appear in the action and give security to the satisfaction of the court for performing the judgment and on affidavit that the absentee is out of the state, or that on inquiry at the absentee’s usual place of abode he or she cannot be found to be served with process, the court may restrain the defendant in this state from paying or conveying or secreting the debts owing by him or her to, or the effects in his or her hands of, the absentee or restrain the absentee from conveying or secreting or removing the property in litigation, or may sequestrate the property which may be necessary to secure plaintiff if he or she prevails, and may order such debts to be paid and effects to be delivered to plaintiff on his or her giving bond with surety for the return thereof.

(2) The court shall require the plaintiff to give bond with surety to be approved by the clerk, to abide the future orders made for restoring the estate or effects to the absent defendant on his or her appearance in the action. If the plaintiff does not furnish the bond, the effects shall remain under the direction of the court or in the hands of a receiver or otherwise for so long a time and shall be disposed of in such manner as the court deems fit.

History.—ss. 1, 2, Feb. 12, 1832; RS 1499; GS 1948; RGS 3211; CGL 5003; s. 10, ch. 29737, 1955; s. 22, ch. 67-254; s. 355, ch. 95-147.

Note.—Former s. 62.22.

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Amendments to 68.03

Annotations, Discussions, Cases:

Cases Citing Statute 68.03

Total Results: 4

Oxford Intern. Bank & Trust, Ltd. v. Merrill Lynch, Etc.

374 So. 2d 54

District Court of Appeal of Florida | Filed: Jul 17, 1979 | Docket: 430773

Cited 42 times | Published

action. Further still, we do not believe that Section 68.03, Florida Statutes (1977), is applicable to the

Hindman v. Bischoff

534 So. 2d 743, 1988 WL 115954

District Court of Appeal of Florida | Filed: Nov 2, 1988 | Docket: 1295775

Cited 4 times | Published

(West 1979) (20 days); Ill. Rev. Stat. ch. 110, § 68.3 (1973) (30 days). An opportunity for reflection

TR v. Adoption Services, Inc.

724 So. 2d 1235, 1999 Fla. App. LEXIS 319, 1999 WL 18399

District Court of Appeal of Florida | Filed: Jan 20, 1999 | Docket: 1733863

Cited 1 times | Published

64(1)(West 1979)(20 days); Ill.Rev.Stat. ch. 110, § 68.3 (1973)(30 days). An opportunity for reflection

Lipman v. Zuk

244 So. 2d 496, 1970 Fla. App. LEXIS 6590

District Court of Appeal of Florida | Filed: Dec 22, 1970 | Docket: 64518950

Published

and requested damages and sequestration, under § 68.03, Fla.Stat., F.S.A. Appellant seeks reversal of

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