CopyCited 18 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 1204, 1986 Fla. App. LEXIS 8524
...any specific money capable of identification, but which shows only that he had collected for the plaintiff a draft deposited by the plaintiff in the usual course of business, is not sufficient. 66 Am.Jur.2d Replevin § 13 (1973). This is the reason section 78.055(1), Florida Statutes, requires every complaint in replevin to contain "a description of the claimed property that is sufficient to make possible its identification ..." (emphasis added) Accordingly, the action of replevin is inappropri...
CopyCited 12 times | Published | Florida 3rd District Court of Appeal | 1991 WL 139152
...tes, the plaintiff-creditor is granted an unreviewable election of two alternative procedural methods to replevin its property upon nonpayment: The replevin statute enables the attorney to choose between two separate and distinct procedures. Under F.S.
78.055 and *477
78.075, a mini-trial known as a "show cause hearing" must occur before a replevin writ will issue....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 2001 WL 584409
...to a towing and storage lien held by the city of Tampa; and Mr. Rainsberger was not served with process. We note that on its face, the petition was deficient. It did not contain the requisite allegations in order to state a claim for replevin under section 78.055, Florida Statutes (1999)....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1988 WL 138482
...is inapplicable in the context of a secured party's right to take possession of and to dispose of the collateral securing a debt. In the instant case, Williams provided an estimate of value of the collateral in order to comply with the provisions of § 78.055(1), which states that a replevin complaint must contain "a statement, to the best knowledge, information, and belief of the plaintiff of the value of such property and its location." Furthermore, the estimate of value in a replevin complain...
CopyCited 6 times | Published | Florida 3rd District Court of Appeal
...rds pertaining to each. Although LFC was successful in gaining possession of the two aircraft and some of the records, it failed to obtain all the records and parts of the aircraft. LFC, therefore, filed a verified complaint for replevin pursuant to section 78.055, Florida Statutes (1983), seeking possession of the 274 aircraft and all the records and parts of the 274 aircraft and the 486 aircraft....
...ake pursuant to the installment sales agreement. It necessarily follows that it was error for the court to dissolve the prejudgment writ of replevin. See Beach Bait & Tackle Shop. LFC's verified complaint for replevin contained all the requisites of section 78.055, including a statement that LFC was entitled to possession of the sought-after property pursuant to the installment sales contract. See § 78.055(2), Fla....
CopyCited 5 times | Published | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 16096
...tter of the replevy actions is contraband under Chapter 893, Florida Statutes (1976), and, as such, appel *926 lant cannot justifiably claim that the property is being wrongfully detained by the appellees/defendants (as is necessarily required under Section 78.055, Florida Statutes (1976) in order to obtain an order authorizing recovery of the property)....
CopyCited 5 times | Published | Florida 5th District Court of Appeal
...perty and, therefore, without standing to initiate an action for its return. Lastly, the sheriff argues that contraband articles cannot be justifiably replevied because, by definition, such articles cannot be "wrongfully detained," as is required by section 78.055, Florida Statutes (1983)....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal
...NOTES [1] The court did not state why it was dismissing the replevin claim. However, the record indicates that the trial judge determined that the pleading failed to state a cause of action for replevin. Our review of the pleading shows that it contains sufficient allegations to comply with Section 78.055, Florida Statutes (1975)....
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 16643
...Replevin actions in this state are governed by Chapter 78, Florida Statutes. The issue to be determined in a replevin action is whether the plaintiff has the right to possession of personal property which is being wrongfully withheld by the defendant. Section 78.055, Florida Statutes (1973)....
CopyPublished | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 6660, 2011 WL 1775822
GERBER, J. The appellant lender moved for a prejudgment writ of replevin pursuant to Section 78.055, Florida Statutes (2010), to recover four aircraft which the borrowers’ lessee maintained in Broward County....
...We conclude that the Broward court erred in denying the lender’s motion for a prejudgment writ of replevin. We base our conclusion on three grounds. First, the lender’s verified complaint recited and showed all of the information required to obtain an order authorizing the issuance of a prejudgment writ of replevin. Section 78.055, Florida Statutes (2010), provides that “[t]o obtain an order authorizing the issuance of a writ of replevin prior to final judgment, the plaintiff shall first file ......
CopyPublished | Florida 2nd District Court of Appeal
...Reginald White appeals an order dismissing without prejudice his
motion for writ of replevin filed in his underlying criminal case. We
affirm without prejudice to any right White may have to file a complaint
in civil court that satisfies the requirements of section 78.055, Florida
Statutes (2024).
Affirmed.
SILBERMAN and ROTHSTEIN-YOUAKIM, JJ., Concur.
Opinion subject to revision prior to official publication.
2
CopyPublished | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 550, 2011 WL 222332
STEVENSON, J. Prism Educational Systems, Inc., appeals the trial court’s dismissal of its motion for show cause hearing and request for prejudgment writ of replevin. Because Prism complied with the statutory requirements of section 78.055, Florida Statutes (2010), it was entitled to a show cause hearing and we reverse. Section 78.055 requires that, prior to issuance of a writ of replevin, a plaintiff must file a complaint alleging the following: (1) A description of the claimed property that is sufficient to make possible its identification and a statement, to the...
...alleged each of the statutory requirements. Prism’s second motion for a show cause hearing for prejudgment writ of replevin, the subject of this appeal, specifically referenced the amended complaint but was also denied. Because Prism complied with section 78.055, it was entitled to a show cause hearing and it was error for the trial court to deny the motion....
CopyPublished | United States Bankruptcy Court, M.D. Florida | 15 Fla. L. Weekly Fed. B 80, 2002 Bankr. LEXIS 92
...Concerning the claim in Count II, which is a replevin action, Deer Ltd. contends that it has offered for the Debtor to take its equipment. Deer Ltd. contends that the Debtor has failed to accept this offer. Deer Ltd. contends that under Florida Statutes § 78.055, a replevin action must be based on the wrongful detention of the property of another and under the effect of this case, Deer Ltd....
CopyPublished | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 954, 1986 Fla. App. LEXIS 7409
LETTS, Judge. The issue before us is whether a principal can give a power of attorney to an agent to bring a replevin action. The trial judge said he could not. We disagree and reverse. Section 78.055, Florida Statutes (1985), specifies that a complaint in a replevin action should contain a statement that the plaintiff is the owner of the claimed property or is entitled to pdssession of it....
