Florida Statute 76.24 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 76
ATTACHMENT

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76.24 Dissolution of attachment.—

(1) The defendant by motion may obtain the dissolution of a writ of attachment unless the plaintiff proves the grounds upon which the writ was issued and a reasonable probability that the final judgment in the underlying action will be rendered in the plaintiff’s favor. The court shall set down such motion for an immediate hearing. This motion shall be in lieu of the provisions of s. 76.18.

(2) On answer by defendant that any allegation in plaintiff’s motion is untrue, this issue shall be tried. If the allegation in plaintiff’s motion which is denied is not proved to be true, the attachment shall be dissolved.

(3) If the answer denies the debt demanded, the judge may require pleadings thereon on motion of either party to be filed in such time as he or she fixes.

(4) The issue, if any, raised by the pleadings shall be tried at the same time as the issue, if any, made by the answer on the special cause assigned in plaintiff’s motion for the suit. On demand of either party a jury summoned from the body of the county shall be impaneled to try the issue.

History.—s. 5, Feb. 15, 1834; RS 1656; GS 2120; RGS 3421; CGL 5274; s. 15, ch. 29737, 1955; s. 26, ch. 67-254; s. 4, ch. 78-38; s. 381, ch. 95-147.

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Amendments to 76.24

Annotations, Discussions, Cases:

Cases Citing Statute 76.24

Total Results: 7 | Sort by: Relevance | Newest First

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Epica v. Swiss Bank Corp.(overseas) Sa, 507 So. 2d 1119 (Fla. 3d DCA 1987).

Cited 10 times | Published | Florida 3rd District Court of Appeal | 12 Fla. L. Weekly 617, 1987 Fla. App. LEXIS 8972

...When a defendant files a motion to dissolve a writ of attachment, the motion must be granted "unless the plaintiff proves the grounds upon which the writ was issued and a reasonable probability that the final judgment in the underlying action will be rendered in his favor." § 76.24, Fla....

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APD Holdings, Inc. v. Reidel, 865 So. 2d 682 (Fla. 4th DCA 2004).

Cited 5 times | Published | Florida 4th District Court of Appeal | 2004 WL 332768

...As the president of APD, Mr. Dziurgot had personal knowledge of the issues. It was his affidavit that had provided the basis for the issuance of the writ of attachment. In addition, his testimony was relevant to the statutory considerations outlined in section 76.24, Florida Statutes (2002), "Dissolution of Attachment." Under the circumstances, the request for continuance was not the result of dilatory practices on the part of APD, but rather the result of the short notice of the hearing....

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Estudios, Proyectos e Inversiones de Centro Am., S.A. v. Swiss Bank Corp. (Overseas) S.A., 507 So. 2d 1119 (Fla. 4th DCA 1987).

Cited 2 times | Published | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 617, 1987 Fla. App. LEXIS 6890

underlying action will be rendered in his favor.” § 76.24, Fla.Stat. (1985). On appeal EPI-CA does not challenge

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Am. Ass'n for the Advancement of Sci. v. Periodicals Publicacoes Tecnicas, 581 F. Supp. 2d 1248 (S.D. Fla. 2008).

Published | District Court, S.D. Florida | 2008 U.S. Dist. LEXIS 106984, 2008 WL 4514372

...76.04...." The special grounds of Section 76.04 asserted by Plaintiffs permit attachment where the debtor/defendant "(7) Is absconding. (8) Is concealing himself or herself. (9) Is secreting the property. (10) Is fraudulently disposing of the property." In the Motion, the Valerios move to dissolve the writ pursuant to Section 76.24 of the Florida Statutes....

..."When a party moves to dissolve a writ of attachment or garnishment, the party opposing the motion must prove the grounds on which the writ issued and a reasonable probability of obtaining a final judgment in his or her favor." Marshall-Shaw v. Ford, 755 So.2d 162, 164 (Fla. 4th DCA 2000) (citing Fla. Stat. §§ 76.24(1), 77.07(1))....

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S. Nat'l Bank of Fort Walton Beach v. Young, 142 So. 2d 788 (Fla. 1st DCA 1962).

Published | Florida 1st District Court of Appeal | 1962 Fla. App. LEXIS 3003

and WIGGINTON and RAWLS, JJ., concur. . F.S. Section 76.24, F.S.A. . Pan American Metal Products Co.

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Norman Babel Mortg. Co. v. Golden Heights Land Co., 117 So. 2d 205 (Fla. Dist. Ct. App. 1960).

Published | District Court of Appeal of Florida

application for dissolution, as authorized under § 76.24, Fla.Stat., F.S.A. In the trial of the case, which

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Frasher v. Fox Distrib. of S.W. Florida, Inc., 813 So. 2d 1017 (Fla. 2d DCA 2002).

Published | Florida 2nd District Court of Appeal | 2002 Fla. App. LEXIS 4462, 2002 WL 507167

motion for immediate dissolution pursuant to section 76.24(1). The trial court promptly scheduled a hearing

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.