CopyCited 17 times | Published | District Court, S.D. Florida | 1989 WL 134940
...Fine,
400 So.2d 1254, 1255 (Fla. 5th DCA 1981)). [11] The statute requires that a plaintiff move for a writ of attachment by demonstrating the statutory grounds for the writ with specific facts in a verified complaint or a separate affidavit. Fla. Stat. §
76.08 (1987)....
CopyCited 10 times | Published | Florida 3rd District Court of Appeal | 2013 WL 4007280, 2013 Fla. App. LEXIS 12334
...2 “Upon motion by plaintiff, a writ of attachment may issue when the grounds relied on for the issuance of the writ clearly appear from specific facts shown by a verified complaint or a separate affidavit of the plaintiff ...,” and all applicable requirements of the attachment statute are met. § 76.08, Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2006 WL 1627460
Code Ann. §
38.03(a) (Vernon 2005); Utah Code Ann. § 76-8-305(1) (West 2005); Vt. Stat. Ann. tit. 13, § 3017
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1990 Fla. App. LEXIS 2867, 1990 WL 49827
...sue when the grounds relied on for the issuance of the writ clearly appear from specific facts *718 shown by a verified complaint, or a separate affidavit of the plaintiff, and all applicable requirements of s.
76.09, s.
76.10, or s.
76.11 are met." §
76.08, Fla....
...at 609-18, and on the present record the admissible evidence is contrary to Sentinel's position. [6] Finally, since there may be further proceedings after the decision of this appeal, we note Sentinel's contention that an application for a writ of attachment is invariably made ex parte. We disagree. Section 76.08, Florida Statutes (1989), provides that an attachment is procured "upon motion by plaintiff......
CopyPublished | District Court, S.D. Florida | 2008 U.S. Dist. LEXIS 106984, 2008 WL 4514372
...The documents tend to show an inordinate number of subscriptions ordered in the names of the Valerios and various alleged aliases or associates at a number of addresses. Mr. Pitts testified many of the addresses were found to be mail drops, unoccupied, or otherwise fraudulent. Plaintiffs obtained the writ pursuant to Section 76.08 of the Florida Statutes....
...This section creates a procedure by which a plaintiff may attach the property of a defendant if it appears "from specific facts shown by a verified complaint or a separate affidavit of the plaintiff, and all applicable requirements of s.
76.09, s.
76.10, or s.
76.11 are met." Fla. Stat.
76.08....
CopyPublished | District Court of Appeal of Florida
conflict. See 4 Fla.Jur., Bills, Notes and Checks, Section 76, 8 Am.Jur., Bills and Notes, Sections 301 and 320;
CopyPublished | Florida 2nd District Court of Appeal | 2002 Fla. App. LEXIS 4462, 2002 WL 507167
...ht to attach. Based solely on the contents of this affidavit, the trial court issued the writ of attachment ex parte. The trial court erred in issuing the writ of attachment in this case because Fox’s affidavit was insufficient as a matter of law. Section 76.08, Florida Statutes (2000), allows the trial court to issue a prejudgment writ of attachment when “the grounds relied on for the issuance of the writ clearly appear from specific facts shown by a verified complaint or a separate affidavit of the plaintiff, and all applicable requirements of s....
