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Florida Statute 78.03 - Full Text and Legal Analysis
Florida Statute 78.03 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 78
REPLEVIN
View Entire Chapter
78.03 Jurisdiction.An action for replevin must be brought in a court of competent jurisdiction based on the value of the property sought to be replevied. When property consists of separate articles, the value of any one of which is within the jurisdiction of a lower court but taken together will exceed that jurisdiction, the plaintiff may not divide the property to give jurisdiction to the lower court to enable the plaintiff to bring separate actions therefor.
History.s. 14, Mar. 11, 1845; RS 1709; GS 2173; RGS 3478; CGL 5331; s. 28, ch. 67-254; s. 1, ch. 73-20; s. 15, ch. 73-334; s. 1, ch. 93-81.

F.S. 78.03 on Google Scholar

F.S. 78.03 on CourtListener

Amendments to 78.03


Annotations, Discussions, Cases:

Cases Citing Statute 78.03

Total Results: 8  |  Sort by: Relevance  |  Newest First

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Zuckerman v. Prof'l Writers of Florida, Inc., 398 So. 2d 870 (Fla. 4th DCA 1981).

Cited 8 times | Published | Florida 4th District Court of Appeal | 1981 Fla. App. LEXIS 19370

...rds are in danger of destruction, concealment, waste, or removal. We think there was a sufficient basis in the record to support issuance of the writ. Appellants also claim that the circuit court did not have jurisdiction over the matter pursuant to Section 78.03, Florida Statutes (1979)....
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Aysisayh v. Ellis, 497 So. 2d 1316 (Fla. 1st DCA 1986).

Cited 4 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 2457

...980, of all actions at law in which the matter in controversy does not exceed the sum of $5,000... ." Section 26.012(2)(c) states that "[circuit courts] shall have original jurisdiction in all actions at law not cognizable by the county courts... ." Section 78.03 establishes venue and jurisdiction requirements for replevin actions, and states that "[t]he action shall be brought in the court in the county where the property is which has jurisdiction of the value of the property sought to be replevied " (emphasis supplied)....
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Johnson v. Am. First Fed., Inc., 133 So. 3d 559 (Fla. 1st DCA 2014).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2014 WL 474986, 2014 Fla. App. LEXIS 1749

...The first is Alexdex, whose jurisdictional analysis undercuts Johnson’s argument. Second, Aysisayh was decided under a former version of the replevin statute, section 78.08, which was entitled “Venue and Jurisdiction.” The court in Aysisayh quoted and highlighted the statute as then written, saying: Section 78.03 establishes venue and jurisdiction requirements for replevin actions, and states that ‘[t]he action shall be brought in the court in the county where the property is which has jurisdiction of the value of the property sought to be replevied’ (emphasis supplied)....
...d in the complaint at $3,100 would lie in the county rather than the circuit eourt[.]” Id. at 1316 ($5,000 was the jurisdictional dividing line at that time). As such, this Court remanded with instructions to transfer the case to the county court. Section 78.03, however, was sub-divided and reworded in 1993. The title of section 78.03 was changed from “Venue and Jurisdiction” to “Jurisdiction” and its language revised as follows: [[Image here]] Ch. 93-81, Laws of Florida. This change made jurisdiction for a replevin action proper in “a court of competent jurisdiction” not just a county court. Newly-created section 78.032, entitled “Venue,” provided: An action for replevin may be brought in any county where the property sought to be replevied is located, where the contract was signed, where the defendant resides, or where the cause of action accrued....
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Hutchens v. Maxicenters, USA, 541 So. 2d 618 (Fla. 5th DCA 1989).

Cited 1 times | Published | Florida 5th District Court of Appeal | 13 Fla. L. Weekly 986, 1989 Fla. App. LEXIS 2375, 1988 WL 34665

...We agree that Maxicenters established a prima facie right to possession of the Mercedes through constructive trust principles, and that venue was properly set in Orange County because the car was actually seized in Orange County and had been used in Orange County. § 78.03, Fla....
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Huri Enter., Inc. v. Spectacular Midways, Inc., 530 So. 2d 956 (Fla. Dist. Ct. App. 1988).

Published | District Court of Appeal of Florida | 13 Fla. L. Weekly 1783, 1988 Fla. App. LEXIS 3403, 1988 WL 76422

...The appellee also asserted below that the court was without jurisdiction since the item to be replevied was not shown to be in defendant’s dominion and control. However, the court’s ruling was based solely on its determination that the property had to be within the county for jurisdiction to lie. Section 78.03, Florida Statutes (1987) provides as follows: 78.03 Venue and jurisdiction.—The action shall be brought in the court in the county where the property is which has jurisdiction of the value of the property sought to be replevied....
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Am. Fed'n of Gov't Employees v. Albanese, 418 So. 2d 1184 (Fla. 3d DCA 1982).

Published | Florida 3rd District Court of Appeal | 1982 Fla. App. LEXIS 21070

Lambert, 334 So.2d 844 (Fla. 3d DCA 1976) and Section 78.-03, Florida Statutes (1977).
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New Holland, Inc. v. Trunk, 511 So. 2d 746 (Fla. 4th DCA 1987).

Published | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 2085, 1987 Fla. App. LEXIS 10032

*747only in the county where the property is located. § 78.03, Fla.Stat. (1985). In a multi-count suit or one
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Rea v. Compactor-Baler Serv., Inc., 627 So. 2d 488 (Fla. 1st DCA 1993).

Published | Florida 1st District Court of Appeal | 1993 Fla. App. LEXIS 5843, 1993 WL 326597

the county where the property is located. See § 78.03, Fla.Stat. (1991); New Holland, Inc. v. Trunk,

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.