Florida Statute 78.65 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 78
REPLEVIN

View Entire Chapter

F.S. 78.065

78.065 Order to show cause; contents.—

(1) The court without delay shall examine the complaint filed; and, if on the basis of the complaint and further showing of the plaintiff in support of it the court finds that the defendant has waived in accordance with s. 78.075 his or her right to be notified and heard, the court shall promptly issue an order authorizing the clerk of the court to issue a writ of replevin.

(2) If, upon examination of the complaint filed and on further showing of the plaintiff in support of it, the court finds that the defendant has not waived in accordance with s. 78.075 his or her right to be notified and heard, the court shall promptly issue an order directed to the defendant to show cause why the claimed property should not be taken from the possession of the defendant and delivered to plaintiff. Such order shall:

(a) Fix the date and time for hearing on the order. However, the date for the hearing shall not be set sooner than 5 days after the service of the order.

(b) Direct the time within which service of the order and the complaint shall be made upon the defendant.

(c) Fix the manner in which service of the order shall be made on the defendant. The order shall direct that service as provided by law shall be made on the defendant if such service is possible or, in the event the officer serving the order is unable to serve such defendant as provided by law within the time specified in paragraph (b), that the officer shall place the order, together with the summons, on or in the claimed property or on the main entrance of the defendant’s residence. The officer’s return shall state that the officer was unable to locate the defendant and how the order was served.

(d) State that the nonpersonal service as provided herein shall be effective to afford notice to the defendant of the show cause order, but for no other purpose.

(e) State that the defendant has the right to file affidavits on his or her behalf with the court and may appear personally or by way of an attorney and present testimony on his or her behalf at the time of the hearing, or that the defendant may, upon a finding by the court pursuant to s. 78.067(2) that the plaintiff is entitled to the possession of the claimed property pending final adjudication of the claims of the parties, file with the court a written undertaking executed by a surety approved by the court in an amount equal to the value of the property to stay an order authorizing the delivery of the property to the plaintiff.

(f) State that if the defendant fails to appear the defendant shall be deemed to have waived his or her right to a hearing and that in such case the court may order the clerk of the court to issue a writ of replevin.

History.—s. 1, ch. 73-20; s. 10, ch. 79-396; s. 5, ch. 83-255; s. 403, ch. 95-147.

F.S. 78.065 on Google Scholar

F.S. 78.065 on CourtListener

Amendments to 78.065

Annotations, Discussions, Cases:

Cases Citing Statute 78.065

Total Results: 20

In Re Amend. to Fla. Rules of Civ. Proc.

682 So. 2d 105, 1996 WL 627562

Supreme Court of Florida | Filed: Oct 31, 1996 | Docket: 2448566

Cited 29 times | Published

replevin order to show cause prescribed by section 78.065, Florida Statutes (1979). 1996 Amendment. This

Future Tech International, Inc. v. Tae Il Media, Ltd.

944 F. Supp. 1538, 1996 U.S. Dist. LEXIS 15101, 1996 WL 582422

District Court, S.D. Florida | Filed: Jul 18, 1996 | Docket: 970419

Cited 26 times | Published

The requirement of bond is not created by section 78.065, however; it appears in section 78.068(3).

In Re Amendments to Fla. Rules Civ. Proc.

604 So. 2d 1110, 1992 WL 163953

Supreme Court of Florida | Filed: Jul 16, 1992 | Docket: 1686576

Cited 15 times | Published

replevin order to show cause prescribed by section 78.065, Florida Statutes (1979). FORM 1.917. NE EXEAT

Weigh Less for Life, Inc. v. Barnett Bank

399 So. 2d 88

District Court of Appeal of Florida | Filed: May 28, 1981 | Docket: 1167787

Cited 12 times | Published

adjudication of the claims of the parties." Section 78.065(2)(e), and 78.067(2). No similar language appears

Williams v. Kloeppel

537 So. 2d 1033, 1988 WL 138482

District Court of Appeal of Florida | Filed: Dec 29, 1988 | Docket: 426859

Cited 9 times | Published

possession seek a stay of delivery of the property. § 78.065(2)(e), Fla. Stat. (1985). Therefore, appellant's

Midland-Guardian Co. v. Hagin

370 So. 2d 25

District Court of Appeal of Florida | Filed: Apr 20, 1979 | Docket: 1386004

Cited 5 times | Published

court entered its order to show cause pursuant to § 78.065, Fla. Stat. (1975). A hearing was held on the

Gonzalez v. Badcock's Home Furnishings Center

343 So. 2d 7, 1977 Fla. LEXIS 3811

Supreme Court of Florida | Filed: Feb 3, 1977 | Docket: 1304292

Cited 3 times | Published

service of the order on the ground that *8 Section 78.065, Florida Statutes, which provides for such

Vega v. Hughes

370 So. 2d 1187

District Court of Appeal of Florida | Filed: Apr 4, 1979 | Docket: 1722457

Cited 2 times | Published

provisions of the order to show cause and those of Section 78.065(2)(e), Florida Statutes (1975) granted the

T and T Air Charter, Inc. v. Duncan Aircraft Sales

566 So. 2d 361, 1990 Fla. App. LEXIS 6702, 1990 WL 126385

District Court of Appeal of Florida | Filed: Sep 5, 1990 | Docket: 1529132

Cited 1 times | Published

have been required to post a replevin bond. Section 78.065, Florida Statutes (1989), did not require appellee

In Re AMENDMENTS TO the FLORIDA SMALL CLAIMS RULES

200 So. 3d 746, 41 Fla. L. Weekly Supp. 377, 2016 Fla. LEXIS 1992, 2016 WL 4702875

Supreme Court of Florida | Filed: Sep 8, 2016 | Docket: 4420159

Published

county court shall set the hearing required by section 78.065(2)(a), Florida Statutes, (prejudgment replevin

Ruise v. Etheridge

95 So. 3d 896, 2012 WL 1959278, 2012 Fla. App. LEXIS 8794

District Court of Appeal of Florida | Filed: Jun 1, 2012 | Docket: 60311332

Published

circuit court shall comply with the dictates of Section 78.065, Florida Statutes, by either directing the

Prism Educational Systems, Inc. v. Quest Achievement Corp.

51 So. 3d 1262, 2011 Fla. App. LEXIS 550, 2011 WL 222332

District Court of Appeal of Florida | Filed: Jan 26, 2011 | Docket: 60297534

Published

of the defendant and delivered to plaintiff.” § 78.065(2). Initially, Prism filed a complaint with the

Amendments to the Florida Small Claims Rules

849 So. 2d 293, 28 Fla. L. Weekly Supp. 484, 2003 Fla. LEXIS 1064, 2003 WL 21402510

Supreme Court of Florida | Filed: Jun 19, 2003 | Docket: 64823924

Published

county court shall set the hearing required by section 78.065(2)(a), Florida Statutes (prejudgment replevin

Bank of the West v. Thompson

836 So. 2d 1075, 2003 Fla. App. LEXIS 890, 2003 WL 201328

District Court of Appeal of Florida | Filed: Jan 31, 2003 | Docket: 64820619

Published

593 So.2d 1079, 1080-81 (Fla. 5th DCA 1992); § 78.065(2), Fla. Stat. (2001); § 78.067(2), Fla. Stat

Amendments to the Florida Rules of Civil Procedure

773 So. 2d 1098, 2000 Fla. LEXIS 2312, 2000 WL 1472356

Supreme Court of Florida | Filed: Oct 5, 2000 | Docket: 64802529

Published

replevin order *1135to show cause prescribed by section 78.065, Florida Statutes (1979). 1996 Amendment. This

Midway Manufacturing Co. v. Family Fun Corp.

668 So. 2d 327, 1996 Fla. App. LEXIS 1507, 1996 WL 72202

District Court of Appeal of Florida | Filed: Feb 21, 1996 | Docket: 64762471

Published

after a replevin show cause hearing pursuant to section 78.065, Florida Statutes (1995). We have jurisdiction

Kingswood South Inc. v. J.I. Case Credit Corp.

623 So. 2d 584, 1993 Fla. App. LEXIS 8748, 1993 WL 321696

District Court of Appeal of Florida | Filed: Aug 25, 1993 | Docket: 64698450

Published

previously issued an order to show cause under section 78.065. Debtor had responded with an affidavit stating

In re Florida Bar Small Claims Rules

537 So. 2d 81, 1988 Fla. LEXIS 1468, 1988 WL 143176

Supreme Court of Florida | Filed: Sep 8, 1988 | Docket: 64639924

Published

county court shall set the hearing required by Section 78.065(2)(a), Florida Statutes (pre-judgment replevin

In re Florida Bar Small Claims Rules

531 So. 2d 138, 13 Fla. L. Weekly 554, 1988 Fla. LEXIS 970, 1988 WL 95020

Supreme Court of Florida | Filed: Sep 8, 1988 | Docket: 64636983

Published

County Court shall set the hearing required by section 78.065(2)(a), Florida Statutes (Pre-Judgment Replevin

Florida Bar

391 So. 2d 165, 1980 Fla. LEXIS 4428

Supreme Court of Florida | Filed: Oct 9, 1980 | Docket: 64579206

Published

replevin order to show cause prescribed by section 78.065, Florida Statutes (1979). FORM 1.917 NE EXEAT