Florida Statute 76.31 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 76
ATTACHMENT

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76.31 Judgments.—If a default is entered for plaintiff and defendant has retaken the property on a forthcoming bond, final judgment shall be entered at the same time against defendant and the surety on the bond for the amount of the judgment against defendant if it is less than the value of the property as fixed by the officer, or for the value of the property so fixed if the value is less than the judgment against defendant. If defendant has retaken the property on a bond to pay the debt, the judgment shall also be entered against the surety for the amount of the judgment against defendant. When judgment is entered against defendant after trial, it shall be entered against the surety as above provided except that the value of the property retaken by defendant shall be found by the court or jury, as the case may be, and stated in the finding or verdict.

History.—RS 1664; GS 2128; RGS 3429; CGL 5282; s. 26, ch. 67-254.

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Amendments to 76.31

Annotations, Discussions, Cases:

Cases Citing Statute 76.31

Total Results: 3 | Sort by: Relevance | Newest First

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Globe Aero Ltd., Inc. v. AIR & GEN. FIN. LTD., 537 So. 2d 628 (Fla. 3d DCA 1988).

Cited 1 times | Published | Florida 3rd District Court of Appeal | 1988 WL 138550

...The original trial judge in this action entered a final default judgment against Aviation West, Air & General Finance Ltd.'s lessee, and a final judgment against Fidelity & Deposit Company of Maryland, Air & General Finance Ltd.'s surety. The trial judge's action properly conformed to the dictates of section 76.31, Florida Statutes (1987), which requires that simultaneous judgments be entered against the defendant and surety in an attachment action where the defendant defaults following the posting of an attachment forthcoming bond and retaking of property....

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Gordon v. Houston Air Craft Sales, Inc., 218 So. 2d 206 (Fla. Dist. Ct. App. 1969).

Published | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 6240

that he did not represent her in the cause. By § 76.31 Fla.Stat., F.S.A., the liability of the surety

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Florida Ins. Exch. v. Adler, 174 So. 2d 75 (Fla. Dist. Ct. App. 1965).

Published | District Court of Appeal of Florida | 1965 Fla. App. LEXIS 4533

889-90. For the same reasons the provisions of § 76.31, which permit judgment to be entered summarily

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