CopyCited 26 times | Published | District Court, S.D. Florida | 9 U.C.C. Rep. Serv. (West) 137, 1971 U.S. Dist. LEXIS 14725
...ed the Sniadach and Kelly decisions in Fuentes v. Faircloth (Firestone Tire & Rubber Co.),
317 F.Supp. 954 (Three-Judge Federal Panel), where the plaintiff sought to have this Court declare unconstitutional that part of the Florida replevin statute (Section
78.01 et seq., Florida Statutes) providing for replevin without a prior hearing....
CopyCited 26 times | Published | Florida 3rd District Court of Appeal
...They do not arise from the same transaction as either the dismissed malicious prosecution count or the pending malicious prosecution count, which, in turn, are unrelated to each other. Accordingly, we have jurisdiction of this appeal. Mendez v. West Flagler Family Association, Inc.,
303 So.2d 1 (Fla. 1974). [3] Section
78.01, Florida Statutes (1975), authorizes a writ of replevin to recover personal property wrongfully detained by another and, in addition, "damages sustained by reason of the wrongful taking or detention." To the extent such damages are sought, the action is in personam as well as in rem....
CopyCited 24 times | Published | District Court, S.D. Florida | 1970 U.S. Dist. LEXIS 10481
...DYER, Circuit Judge: Plaintiff brought this suit against Firestone Tire and Rubber Company *956 (Firestone) and the Attorney General of Florida [1] for declaratory and injunctive relief against continued enforcement of certain sections of Florida's replevin statutes, F.S. § 78.01, et seq., F.S.A....
...Although she admits delinquency in the payments she alleges that she has a meritorious defense to the repossessionapparently that the stove was mechanically defective and that Firestone has failed to make satisfactory repairs. The specific sections of the Florida replevin statute which plaintiff attacks are F.S. §§
78.01,
78.08,
78.10,
78.11 and *957
78.12, F.S.A. [4] Under these sections a person whose goods are wrongfully detained may, by posting a bond in twice the amount of the value of the property, have a writ of replevin to recover them (
78.01, 78.04 and 78.07)....
...al on both Due Process and Fourth Amendment grounds. No authority was cited in that case, however, and, to the extent that Blair may be read as conflicting with our decision today, we disagree with it. We hold that the Florida replevin statute, F.S. § 78.01 et seq., F.S.A., to the extent that its provisions were before the Court by virtue of an actual controversy in this case, is constitutional....
...ent will be entered for the defendants. EATON, District Judge (dissenting). I respectfully dissent. I believe the question of the constitutionality of §
78.10, F.S.A. is before the Court and that the pre-judgment replevin procedure established by §§
78.01, 78.04, 78.07,
78.08 and
78.10, F.S.A., lacks the essential elements of due process....
CopyCited 19 times | Published | Florida 5th District Court of Appeal | 1995 WL 340146
...DAUKSCH and COBB, JJ., concur. NOTES [1] Prestige argues that this was not exclusively an in rem action because Advantage also sought damages. When the party seeking replevin prevails, he is entitled to recover the damages he sustained for detention of the property. § 78.01, Fla....
CopyCited 18 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 1204, 1986 Fla. App. LEXIS 8524
...strained to litigate the right of the landlord to make the distress. Later, it was extended to any wrongful taking of personally and, now in Florida by statute, it lies for any wrongful taking or wrongful detention of any specific personal property. § 78.01, Fla....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1991 WL 138153
...Nevertheless, a careful reading of these provisions demonstrates the following basic distinctions between the two concepts. The ordinary action for replevin provides for the recovery of personal property wrongfully detained by another, together with damages sustained by the wrongful taking or detention. § 78.01, Fla....
...count seeking replevin. The replevin count sought permanent possession of the property pursuant to the terms of the contract, and not simply the right to hold the property as security pending trial. [5] The United States Supreme Court referred to §§ 78.01-78.13, Fla. Stat. Ann. (Supp. 1972-1973). See §§ 78.01-78.13, Fla....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 39 U.C.C. Rep. Serv. (West) 1874
...The trial court entered summary final judgment in favor of Associates and this appeal ensued. The sheriff argues that because he was holding the Guzzos' property pursuant to a valid execution, it was impossible for Associates, the secured party, to prove "wrongful detention" which is a necessary predicate for replevin under section 78.01, Florida Statutes (1983)....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2004 WL 784502
...doned the personal property that is the subject matter of this cause." In its order, the circuit *294 court dismissed Brown's replevin action, denied the motion for rehearing, and denied the request for leave to amend. This appeal followed. Replevin Section 78.01 provides in pertinent part: Any person whose personal property is wrongfully detained by any other person or officer may have a writ of replevin to recover said personal property and any damages sustained by reason of the wrongful taking or detention as herein provided....
...f the property or its value, or the value of the plaintiff's lien or special interest. §
78.19; see Fla. R. Civ. P. Form 1.995(b). The plaintiff who prevails is also entitled to damages sustained as a result of the wrongful taking or detention. See §
78.01; McMurrain v....
CopyCited 5 times | Published | Florida 5th District Court of Appeal
...bility if the appellee were able to replevy goods after appellant had been served with the writ of garnishment. In the case before this court, the facts are unlike those present in an action of replevin where a person seeks recovery of his property. § 78.01, Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 2457
...ndant to the plaintiff for the unlawful detention of such property; our statutes having provided that the plaintiff may recover such damages in the action of replevin. Goldstein v. Miami Wrecking & Salvage Co.,
103 Fla. 149,
137 So. 283, 286 (1931). Section
78.01 provides that "[a]ny person whose personal property is wrongfully detained ......
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 4101, 2003 WL 1566499
...Nevertheless, a careful reading of these provisions demonstrates the following basic distinctions between the two concepts. The ordinary action for replevin provides for the recovery of personal property wrongfully detained by another, together with damages sustained by the wrongful taking or detention. § 78.01, Fla....
...THOMPSON, C.J., and SHARP, W., J., concur. NOTES [1] Documents in the record reflect that the appellant's actual name is JBI International, Inc. However, the case caption used in the trial court and the parties' briefs refer to the appellant as JB International, Inc. [2] §§ 78.01-.21, Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1983 Fla. App. LEXIS 22768
...If at the time the writ of replevin was, or should have been, executed, the goods were not so incorporated or affixed to the realty that they had lost their legal character as personal property and had become fixtures, the remedy of replevin was available under section 78.01, Florida Statutes (1981)....
CopyCited 3 times | Published | Florida 5th District Court of Appeal
...Embry,
124 Fla. 554,
169 So. 400 (1936); Florida Trust & Banking Company v. Consolidated Title Company,
86 Fla. 317,
98 So. 915 (1923). Accordingly, we have reviewed this record with all deference to the jury's conclusions. This suit was brought pursuant to section
78.01, which provides: Any person whose personal property is wrongfully detained by any other person or officer may have a writ of replevin to recover said personal property and any damages sustained by reason of the wrongful taking or detention as herein provided......
...When the owner elects to recover converted property by replevin or otherwise he should also be able to recover money damages as may be necessary to make him whole. This is the "damages sustained by reason of the wrongful taking or detention" mentioned in sections
78.01 and
78.18, Florida Statutes....
CopyCited 2 times | Published | District Court, S.D. Florida | 2006 U.S. Dist. LEXIS 95147, 2006 WL 3040766
...rm of checking accounts are subject to possession via a writ of replevin. The well settled case law holds that they are not. Under Florida law, replevin lies for any wrongful taking or wrongful detention of any specific personal property. Fla. Stat. § 78.01; Williams Mgmt....
CopyPublished | District Court of Appeal of Florida | 1965 Fla. App. LEXIS 3680
...No brief has been filed by any appellee. The plaintiff, by its replevin action, without writ, is seeking a judgment against the defendants for wrongful detention of the systems and a judgment for the return of the property from the defendants, or its value. Replevin with Writ, § 78.01, F.S.A., 1 provides for an action of replevin by one whose goods and chattels are “wrongfully detained” by a defendant and for the recovery of damages sustained by reason of the “wrongful caption or detention.” Sections 78.05-78.07,...
...ecover judgment against him in the action;” and §
78.08, F.S.A. provides that the writ shall “command the officer to whom it may be directed to replevy the [specific] goods and chattels in possession of the defendants.” Replevin with Summons. Section
78.01, F.S.A....
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 16643
...o possession of personal property which is being wrongfully withheld by the defendant. Section
78.055, Florida Statutes (1973). If the plaintiff prevails on this issue, damages incident to the wrongful withholding of possession may then be assessed. Section
78.01, Florida Statutes (1973)....
CopyPublished | Florida 3rd District Court of Appeal | 2011 WL 4949814, 2011 Fla. App. LEXIS 16506
...Siemens filed a Verified Complaint against Weinberg, asserting claims for breach of medical equipment leases, a loan agreement, corporate guaranties, and a settlement agreement, and seeking a re- *222 plevin of the leased medical equipment. Siemens also filed the Replevin Motion, citing to sections 78.01 et seq., Florida Statutes....
...Prior to addressing the merits of the order under review, we address the basis of the trial court’s ruling. In arguing that the trial court ordered Weinberg to post the bond pursuant to the trial court’s “inherent power,” Siemens ignores that its Replevin Motion was filed “pursuant to Florida Statutes §
78.01 et seq.”; the trial court ordered Weinberg to show cause pursuant to section
78.067(2); and the order under review does not refer to the trial court’s “inherent power.” Further, a court’s inherent power does not permit a court to ignore existing law, such as writ of replevin statutes....
CopyPublished | District Court of Appeal of Florida | 1966 Fla. App. LEXIS 4744
...We have carefully examined the record and must concede that we too are unable to discover any formula by which the evidence may be construed to support the amounts recited. Finally the defendants contend that when a plaintiff in a replevin action elects to employ “the alternative procedure” set out in Florida Statute 78.01, F.S.A....
...First Bonded Warehouse, Fla.App.1965,
174 So.2d 606 , wherein it was stated: “The provision for a money judgment is not applicable to a situation where the plaintiff elects to leave the property in the hands of the defendant and deprives the defendant of the choice. The portion of §
78.01, Fla.Stat., F.S.A....
...nvolved shall be had only after judgment’. Therefore the judgment referred to is only a judgment for the seizure of the property. We hold that the entry of a judgment for the value of the property is not within the contemplation of that portion of §
78.01 which provides for a judgment for possession without the use of a writ of replevin.” (
174 So.2d 608 ) The plaintiff argues that the holding in the last cited case merely prohibits a plaintiff who proceeds under the alternative method from securing possession plus value....
CopyPublished | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 5695
...which accrued after the institution of the action because she elected to forego a writ of replevin which would have placed her in immediate possession upon execution of an appropriate bond and instituted her action pursuant to the second sentence of § 78.01 Fla.Stat., F.S.A....
CopyPublished | Supreme Court of Florida | 1979 Fla. LEXIS 4755
...tion.” Ewing v. Mytinger & Casselberry, Inc.,
339 U.S. 594, 599 ,
70 S.Ct. 870, 873 ,
94 L.Ed. 1088 (1950); Scott, Constitutional Regulation of Provisional Creditor Remedies: The Cost of Procedural Due Process, 61 Virginia L.Rev. 807 (1975). . §
78.01, Fla.Stat....
CopyPublished | Supreme Court of Florida | 1973 Fla. LEXIS 4825
...We review on Petition for Writ of Cer-tiorari the decision of the District Court of Appeal, First District, in Hart Land and Cattle Company, Inc. v. Reeves Steel, Inc., Fla.App.,
262 So.2d 267 . The question presented is whether in proceedings brought under F.S. Section
78.01, F.S.A....
...Petition for Writ of Certiorari. In First National Bank of Miami v. First Bonded Warehouse, supra, the Third District Court said: "We hold that the entry of a judgment for the value of the property is not within the contemplation of that portion of § 78.01 which provides for a judgment for possession without the use of a writ of replevin.” It is possible that First National Bank of Miami v....
CopyPublished | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 6929
1967, F.S. A.). The Florida Replevin statute (Section
78.01, F.S.1967, F.S.A.) provides that goods or chattels
CopyPublished | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 6125
...Dade County appeals from a final judgment for the plaintiff, McKenn, in a re-plevin action. The plaintiff, McKenn, filed his complaint in replevin against Dade County Public Safety Department, a subdivision of Metropolitan Dade County, Florida. The complaint for replevin was filed without bond. See Fla.Stat. § 78.01, F.S.A....
CopyPublished | Florida 2nd District Court of Appeal
...a Temporary
Injunction" requesting the court to grant him a prejudgment writ of
replevin. The trial court did not rule on Ryan's other motions.
2 Counts I and II of Ryan's complaint are claims against his parents
for replevin under sections
78.01 and
78.03, Florida Statutes (2021).
Count III is a claim against his sister, Kelly Kehoe, for intentional
infliction of emotional distress....
...He alleges that he can prove the
value of the missing items and that his parents still possess them.
Analysis
Chapter 78, Florida Statutes, governs replevin actions. Ryan filed
his complaint for "ordinary replevin" under section 78.01, which states
that "[a]ny person whose personal property is wrongfully detained by any
other person ....
CopyPublished | Court of Appeals for the Eleventh Circuit
beneficiaries.” Re- statement (Third) of Trusts § 78(1) (2007). In other words, the trus- tee has a duty
CopyPublished | Court of Appeals for the Eleventh Circuit | 2000 WL 1199213
provisions of the Securities Act of 1933.” 15 U.S.C. § 78/1/(14). Cash that is simply lent to the brokerage
CopyPublished | Florida 3rd District Court of Appeal | 2005 Fla. App. LEXIS 6016, 2005 WL 956971
...Under the replevin statute: . Any person whose personal property is wrongfully detained by any other person or officer may have a writ of replevin to recover said personal property and any damages sustained by reason of the wrongful taking or detention as herein provided. § 78.01, Fla....
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 6615
...J., and MANN, J., concur. . The parties attempted to follow a recognized procedure to establish a record where, as here, there was no court reporter present. See, e. g., Downing v. Bird (Fla.App.1962),
145 So.2d 559 and Moyer v. Moyer (Fla.App.1959),
114 So.2d 638 . . Section
78.01 et seq., F.S.A....
CopyPublished | District Court of Appeal of Florida | 1965 Fla. App. LEXIS 4110
...rn of the above-described personal property and for a judgment for costs incurred by the Plaintiff in this action.” The Bank did not choose to pursue its remedy by the issuance of a writ of replevin but elected the alternative procedure set out in § 78.01, Fla.Stat., F.S....
...ismissing its counterclaim for storage costs. We consider first appellant’s point which urges that it was entitled to a judgment against the defendant for possession and' for the value of the property. The basis-of this argument is the language of § 78.01, Fla.Stat, F.S.A. Section 78.01 provides *608 that a plaintiff seeking the possession of personal property wrongfully detained by another need not use a writ of replevin but, in the alternative, may seek a judgment for the possession of the property....
...money judgment for the value of the property. The provision for a money judgment is not applicable to a situation where the plaintiff elects to leave the property in the hands of the defendant and deprives the defendant of the choice. The portion of § 78.01, Fla.Stat., F.S.A....
...nvolved shall be had only after judgment”. Therefore the judgment referred to is only a judgment for the seizure of the property. We hold that the entry of a judgment for the value of the property is not within the contemplation of that portion of § 78.01 which provides for a judgment for possession without the use of a writ of replevin. We are reinforced in our conclusion that § 78.01 does not contemplate a judgment for- the value of the property in the present instance by the fact that the record is devoid of a finding by the trial judge, or any evidence to support such a finding, that the defendant warehouseman was guilty of conversion....
