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Florida Statute 78.067 | Lawyer Caselaw & Research
F.S. 78.067 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 78
REPLEVIN
View Entire Chapter
F.S. 78.067
78.067 Order to show cause; hearing.
(1) If, after serving a show cause order as provided above, the court finds that the defendant has waived the right to be heard on that order in accordance with s. 78.075, it shall dispense with the hearing on the show cause order and promptly issue an order authorizing the clerk of the court to issue a writ of replevin.
(2) If the court finds that the defendant has not waived the right to be heard on the order to show cause in accordance with s. 78.075, the court shall at the hearing on the order to show cause consider the affidavits and other showings made by the parties appearing and make a determination of which party, with reasonable probability, is entitled to the possession of the claimed property pending final adjudication of the claims of the parties. This determination shall be based on a finding as to the probable validity of the underlying claim alleged against the defendant. If the court determines that the plaintiff is entitled to take possession of the claimed property, it shall issue an order directing the clerk of the court to issue a writ of replevin. However, the order shall be stayed pending final adjudication of the claims of the parties if the defendant files with the court a written undertaking executed by a surety approved by the court in an amount equal to the value of the property.
History.s. 1, ch. 73-20; s. 404, ch. 95-147.

F.S. 78.067 on Google Scholar

F.S. 78.067 on Casetext

Amendments to 78.067


Arrestable Offenses / Crimes under Fla. Stat. 78.067
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 78.067.



Annotations, Discussions, Cases:

Cases from cite.case.law:

PETERSON v. E. LUNDIN,, 148 So. 3d 784 (Fla. Dist. Ct. App. 2014)

. . . Section 78.067(2), Florida Statutes (2013), provides that where a court has held a show cause hearing . . . retain possession of Krystal pending final adjudication because they posted bond pursuant to section 78.067 . . .

MEARS, v. LAMB,, 147 So. 3d 16 (Fla. Dist. Ct. App. 2013)

. . . be delivered to petitioner “pending final adjudication of the claims of the parties” under section 78.067 . . .

COASTAL PALMS HOLDINGS, LLC, v. M. PAXTON,, 110 So. 3d 36 (Fla. Dist. Ct. App. 2013)

. . . The “show cause” hearing was authorized by section 78.067(2), Florida Statutes (2011). . . .

KEYBANK NATIONAL ASSOCIATION, INC. v. PASSPORT MARINE, INC. a J., 76 So. 3d 1137 (Fla. Dist. Ct. App. 2012)

. . . Section 78.067, Florida Statutes, provides the process for prejudgment possession of property. . . . states the relevant procedure: At a hearing on an order to show cause, the court is directed by section 78.067 . . . probable validity of the replevin claim at the hearing on the order to show cause held pursuant to section 78.067 . . .

R. WEINBERG, M. D. v. SIEMENS FINANCIAL SERVICES, INC., 88 So. 3d 220 (Fla. Dist. Ct. App. 2011)

. . . Rather, we conclude that section 78.067, Florida Statutes (2011), is applicable. . . . Rather, the record reflects that Siemens’ Replevin Motion proceeded under section 78.067 as the trial . . . Therefore, we review the merits of the trial court’s order pursuant to section 78.067, which provides . . . Section 78.067(2) merely provides a defendant with a mechanism for obtaining a stay of a prejudgment . . . If a replevin order was issued pursuant to section 78.067(2), and Weinberg elected to post a bond to . . .

PNCEF, LLC, v. SOUTH AVIATION, INC., 60 So. 3d 1120 (Fla. Dist. Ct. App. 2011)

. . . Section 78.067(2), Florida Statutes (2010), provides, in pertinent part: [T]he court shall at the hearing . . .

FARAH REAL ESTATE AND INVESTMENT, LLC, v. BANK OF MIAMI, N. A., 59 So. 3d 208 (Fla. Dist. Ct. App. 2011)

. . . Reynolds, 872 So.2d 290, 296 (Fla. 2d DCA 2004) (interpreting Florida’s replevin statute, § 78.067(2) . . .

LAND- CELLULAR CORPORATION, a v. ZOKAITES,, 463 F. Supp. 2d 1348 (S.D. Fla. 2006)

. . . . § 78.067(2), which allows a petitioner to obtain possession of property during the pendency of litigation . . . Stat. § 78.067(2). . . . Stat. § 78.067(2). . . . Stat. § 78.067(2) (“the order shall be stayed pending final adjudication of the claims of the parties . . . Stat. § 78.067(2), finding that: 1.Zokaites is entitled to immediate possession of (i) all merchandise . . .

C. BROWN, v. REYNOLDS, 872 So. 2d 290 (Fla. Dist. Ct. App. 2004)

. . . issuance of a writ of replevin prior to the entry of final judgment pursuant to sections 78.065 and 78.067 . . . On March 11, 2002, Brown filed a motion pursuant to sections 78.065 and 78.067 requesting the entry of . . . As authorized by section 78.067(2), both Brown and Frank filed affidavits and “other showings” for the . . . Pursuant to' sections 78.065 and 78.067, and in the absence of an effective waiver, the defendant must . . . Brown’s motion reflects confusion about the operation of sections 78.065 and 78.067. . . .

JB INTERNATIONAL, INC. v. MEGA FLIGHT, INC., 840 So. 2d 1147 (Fla. Dist. Ct. App. 2003)

. . . Here, JBI sought an ordinary writ of replevin pursuant to section 78.067(2), Florida Statutes (1998), . . .

BANK OF THE WEST, v. THOMPSON, 836 So. 2d 1075 (Fla. Dist. Ct. App. 2003)

. . . Stat. (2001); § 78.067(2), Fla. Stat. (2001); see also Comcoa, Inc. v. . . .

AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE, 773 So. 2d 1098 (Fla. 2000)

. . . and present testimony at the time of the hearing, or, on a finding by the court pursuant to section 78.067 . . .

DODGE CITY, INC. d b a a v. E. BYRNE L., 693 So. 2d 1033 (Fla. Dist. Ct. App. 1997)

. . . Section 78.067(2), Florida Statutes (1995), requires the trial court to consider “the affidavits and . . .

In AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE, 682 So. 2d 105 (Fla. 1996)

. . . and present testimony at the time of the hearing, or, on a finding by the court pursuant to section 78.067 . . .

FORT LAUDERDALE COLLECTION, INC. v. ROSAMELIA, 677 So. 2d 973 (Fla. Dist. Ct. App. 1996)

. . . to resolve the dispute, appellant filed suit and sought replevin of the Porsche pursuant to section 78.067 . . .

FUTURE TECH INTERNATIONAL, INC. a v. TAE IL MEDIA, LTD. IL U. S. A., 944 F. Supp. 1538 (S.D. Fla. 1996)

. . . . § 78.067. . . .

MIDWAY MANUFACTURING CO. v. FAMILY FUN CORP., 668 So. 2d 327 (Fla. Dist. Ct. App. 1996)

. . . At a show cause hearing under section 78.067(2), Florida Statutes (1995) the court must determine “which . . .

ADVANTAGE CAR RENTAL SALES, INC. d b a v. MITSUBISHI MOTOR SALES OF AMERICA, INC., 664 So. 2d 46 (Fla. Dist. Ct. App. 1995)

. . . . § 78.067, Fla.Stat. (1993). . . . defendant’s motion to increase bond where the additional writs of replevin were issued pursuant to section 78.067 . . .

PRESTIGE RENT- A- CAR, INC. v. ADVANTAGE CAR RENTAL AND SALES, INC. ACRS, 656 So. 2d 541 (Fla. Dist. Ct. App. 1995)

. . . Under sections 78.065 and 78.067, a show cause hearing must occur before a replevin writ is issued. . . .

KINGSWOOD SOUTH INC. v. J. I. CASE CREDIT CORPORATION, f k a d b a, 623 So. 2d 584 (Fla. Dist. Ct. App. 1993)

. . . non-final order authorizing the issuance of a writ of replevin before final judgment under section 78.067 . . .

In AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE, 604 So. 2d 1110 (Fla. 1992)

. . . and present testimony at the time of the hearing, or, on a finding by the court pursuant to section 78.067 . . .

F. BROWN, v. K. STEINER, 592 So. 2d 1270 (Fla. Dist. Ct. App. 1992)

. . . Brown appeals an order granting a writ of replevin pursuant to subsection 78.067(2), Florida Statutes . . . Id. § 78.067(2). . . . See id. § 78.067(2) (“However, the order shall be stayed pending final adjudication of the claims of . . .

MORSE OPERATIONS, INC. d b a a v. SUPERIOR RENT- A- CAR, INC., 593 So. 2d 1079 (Fla. Dist. Ct. App. 1992)

. . . to possession of some 1,150 automobiles, after a show cause hearing pursuant to sections 78.065 and 78.067 . . . Morse elected to proceed pursuant to sections 78.065 and 78.067. . . . entered below and direct that the trial court immediately issue a writ of replevin pursuant to section 78.067 . . .

HEG, INC. M. v. BAY BANK TRUST COMPANY,, 591 So. 2d 1011 (Fla. Dist. Ct. App. 1991)

. . . Following a hearing on the matter pursuant to Section 78.067, Florida Statutes (1987), the trial court . . .

COMCOA, INC. v. M. COE,, 587 So. 2d 474 (Fla. Dist. Ct. App. 1991)

. . . subsequent hearing before the court, after notice to the defendant, as is prescribed under 78.065 and 78.067 . . . on his behalf at the time of the hearing, or that he may, upon a finding by the court pursuant to s. 78.067 . . . hearing and that in such case the court may order the clerk of the court to issue a writ of replevin. . 78.067 . . .

KELLY TRACTOR CO. v. R. J. CANFIELD CONTRACTING, INC. R. J., 579 So. 2d 261 (Fla. Dist. Ct. App. 1991)

. . . replevin against us, we hereby waive the notice requirement pertaining thereto in accordance with F.S. 78.067 . . .

T AND T AIR CHARTER, INC. v. DUNCAN AIRCRAFT SALES,, 566 So. 2d 361 (Fla. Dist. Ct. App. 1990)

. . . . § 78.067(2), Fla.Stat. (1989). . . .

DISNEY, B. a a v. DISCOUNT DRUGS, INC., 524 So. 2d 1173 (Fla. Dist. Ct. App. 1988)

. . . of the record on appeal we conclude that the trial court did not err in finding, pursuant to section 78.067 . . .

L. LAMAR, v. UNIVERSAL SUPPLY COMPANY, INC., 479 So. 2d 109 (Fla. 1985)

. . . 932.703(1) and (2) the trial court’s failure to comply with the procedural requirements of section 78.067 . . . We do note, however, that section 78.067 prescribes a mandatory procedure for issuance of a writ of replev-in . . .

L. LAMAR, v. UNIVERSAL SUPPLY COMPANY, INC., 452 So. 2d 627 (Fla. Dist. Ct. App. 1984)

. . . cause hearing of August 26 resulted in a factual determination by the trial judge, pursuant to section 78.067 . . . Section 78.067(2) states in part: If the court determines that the plaintiff is entitled to take possession . . .

WEIGH LESS FOR LIFE, INC. a v. BARNETT BANK OF ORANGE PARK,, 399 So. 2d 88 (Fla. Dist. Ct. App. 1981)

. . . In so doing we note the provisions of Sections 78.065 and 78.067 which clearly spell out provisions for . . . Section 78.065(2)(e), and 78.067(2). No similar language appears in Section 78.068. . . .

THE FLORIDA BAR. In RULES OF CIVIL PROCEDURE, 391 So. 2d 165 (Fla. 1980)

. . . and present testimony at the time of the hearing or, on a finding by the court pursuant to section 78.067 . . .

THE FLORIDA BAR, v. J. BLAHA,, 366 So. 2d 433 (Fla. 1978)

. . . procedures had been altered significantly, and on that date, pursuant to Florida Statute Section 78.045 and 78.067 . . .

A. GILL, v. SHIVELY,, 320 So. 2d 415 (Fla. Dist. Ct. App. 1975)

. . . After an order to show cause was issued and served upon appellee a hearing was held pursuant to § 78.067 . . . cause of action it would appear that dismissal of the complaint after the hearing held pursuant to § 78.067 . . . the possession of the claimed property pending final adjudication of the claims of the parties.” § 78.067 . . .