Florida Statute 78.68 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 78
REPLEVIN

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F.S. 78.068

78.068 Prejudgment writ of replevin.—

(1) A prejudgment writ of replevin may be issued and the property seized delivered forthwith to the petitioners when the nature of the claim and the amount thereof, if any, and the grounds relied upon for the issuance of the writ clearly appear from specific facts shown by the verified petition or by separate affidavit of the petitioner.

(2) This prejudgment writ of replevin may issue if the court finds, pursuant to subsection (1), that the defendant is engaging in, or is about to engage in, conduct that may place the claimed property in danger of destruction, concealment, waste, removal from the state, removal from the jurisdiction of the court, or transfer to an innocent purchaser during the pendency of the action or that the defendant has failed to make payment as agreed.

(3) The petitioner must post bond in the amount of twice the value of the goods subject to the writ or twice the balance remaining due and owing, whichever is lesser as determined by the court, as security for the payment of damages the defendant may sustain when the writ is obtained wrongfully.

(4) The defendant may obtain release of the property seized under a prejudgment writ of replevin by posting bond within 5 days after serving of the writ in the amount of 11/4 the amount due and owing on the agreement for the satisfaction of any judgment which may be rendered against the defendant.

(5) A prejudgment writ of replevin shall issue only upon the signed order of a circuit court judge or a county court judge.

(6) The defendant, by contradictory motion filed with the court within 10 days after service of the writ, may obtain the dissolution of a prejudgment writ of replevin unless the petitioner proves the grounds upon which the writ was issued. The court shall set down such motion for an immediate hearing. This motion shall be in lieu of the provisions of subsection (4).

History.—s. 1, ch. 76-19; s. 1, ch. 77-174; s. 405, ch. 95-147.

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Amendments to 78.068

Annotations, Discussions, Cases:

Cases Citing Statute 78.068

Total Results: 48

I.A. Durbin, Inc. v. Jefferson National Bank

793 F.2d 1541, 1986 U.S. App. LEXIS 27357

Court of Appeals for the Eleventh Circuit | Filed: Jul 21, 1986 | Docket: 1320799

Cited 125 times | Published

facts or made sufficient arguments to show that Section 78.068 provides less in the way of due process than

Caple v. Tuttle's Design-Build, Inc.

753 So. 2d 49, 25 Fla. L. Weekly Supp. 76, 2000 Fla. LEXIS 77, 2000 WL 124388

Supreme Court of Florida | Filed: Feb 3, 2000 | Docket: 1728973

Cited 35 times | Published

"totality test" to its assessment of whether section 78.068, Florida Statutes (Supp. 1976), Florida's prejudgment

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

is clearly wrong. The applicable statute is section 78.068, Florida Statutes (1989), which authorizes

Prestige Rent-A-Car v. ADVANTAGE CAR

656 So. 2d 541, 1995 WL 340146

District Court of Appeal of Florida | Filed: Jun 9, 1995 | Docket: 1683850

Cited 19 times | Published

occur before a replevin writ is issued. Under section 78.068, the replevin writ is issued without notice

Gazil, Inc. v. Super Food Services, Inc.

356 So. 2d 312

Supreme Court of Florida | Filed: Mar 9, 1978 | Docket: 1479055

Cited 13 times | Published

accordance with the procedures set forth in Section 78.068, Florida Statutes (Supp. 1976), and Gazil filed

Comcoa, Inc. v. Coe

587 So. 2d 474, 1991 WL 139152

District Court of Appeal of Florida | Filed: Jul 30, 1991 | Docket: 1405837

Cited 12 times | Published

writ of replevin without notice pursuant to section 78.068, Florida Statutes (1989), the trial court is

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

dissolve a prejudgment writ of replevin under Section 78.068, Florida Statutes (1979) is not a final determination

Auto-Owners Ins. Co. v. Hooks

463 So. 2d 468

District Court of Appeal of Florida | Filed: Feb 7, 1985 | Docket: 448955

Cited 10 times | Published

ex parte prejudgment writ of replevin under Section 78.068, Florida Statutes (1981), after posting a bond

Zuckerman v. Professional Writers of Florida, Inc.

398 So. 2d 870, 1981 Fla. App. LEXIS 19370

District Court of Appeal of Florida | Filed: Apr 29, 1981 | Docket: 1326351

Cited 8 times | Published

the original prejudgment writ of replevin. Section 78.068(1), Florida Statutes (1979) provides that a

Brown v. Reynolds

872 So. 2d 290, 2004 WL 784502

District Court of Appeal of Florida | Filed: Apr 14, 2004 | Docket: 1158488

Cited 6 times | Published

to the entry of final judgment. Pursuant to section 78.068, the prejudgment writ may issue without notice

McMurrain v. Fason

584 So. 2d 1027, 1991 WL 138153

District Court of Appeal of Florida | Filed: Jul 22, 1991 | Docket: 1515265

Cited 6 times | Published

been sold. Fason had posted a bond pursuant to section 78.068(3), Florida Statutes (1989),[3] when the order

Lease Fin. v. Nat. Commuter Airlines

462 So. 2d 564

District Court of Appeal of Florida | Filed: Jan 15, 1985 | Docket: 1510000

Cited 6 times | Published

prejudgment writ of replevin was issued pursuant to section 78.068, Florida Statutes (1983). Within ten days of

LANDMARK FIRST NAT. BK. v. Beach Bait and Tackle Shop, Inc.

449 So. 2d 1287

District Court of Appeal of Florida | Filed: Oct 5, 1983 | Docket: 1695615

Cited 6 times | Published

bank substantiated its allegation. We reverse. Section 78.068, Florida Statutes (1981), was crafted by the

Devoe & Raynolds Co., Inc. v. KDS PAINT CO., INC.

382 So. 2d 126, 1980 Fla. App. LEXIS 15846

District Court of Appeal of Florida | Filed: Apr 2, 1980 | Docket: 1674372

Cited 6 times | Published

replevin which had been obtained pursuant to Section 78.068, Florida Statutes (1977).[1] The sole issue

Waite Aircraft Corp. v. Ford Motor Credit Co.

430 So. 2d 1003, 1983 Fla. App. LEXIS 19747

District Court of Appeal of Florida | Filed: May 11, 1983 | Docket: 2577271

Cited 5 times | Published

to make payments as agreed under the lease. Section 78.068(2), Florida Statutes (1981). Appellants did

JB Intern., Inc. v. Mega Flight, Inc.

840 So. 2d 1147, 2003 Fla. App. LEXIS 4101, 2003 WL 1566499

District Court of Appeal of Florida | Filed: Mar 28, 2003 | Docket: 1463967

Cited 4 times | Published

purchaser during the pendency of the action." § 78.068(2), Fla. Stat. (1989). The defendant's right to

Kalman v. World Omni Financial Corp.

651 So. 2d 1249, 1995 Fla. App. LEXIS 2596, 1995 WL 109555

District Court of Appeal of Florida | Filed: Mar 10, 1995 | Docket: 1518222

Cited 3 times | Published

motion. Kalman filed this appeal. Pursuant to section 78.068(1), Florida Statutes (1993), a prejudgment

Morse Operations, Inc. v. Superior Rent-A-Car, Inc.

593 So. 2d 1079, 1992 WL 28185

District Court of Appeal of Florida | Filed: Jan 22, 1992 | Docket: 446363

Cited 3 times | Published

prejudgment replevin procedure provided for in section 78.068. At the October, 1991 show cause hearing, the

ITT Commercial Fin. Corp. v. DDD APP. SERV.

509 So. 2d 341

District Court of Appeal of Florida | Filed: May 20, 1987 | Docket: 1715436

Cited 3 times | Published

issuance of a prejudgment writ of replevin under section 78.068(2), Florida Statutes (1985). See also, Lease

FORESIGHT ENTER. v. Leisure Time Prop.

466 So. 2d 283

District Court of Appeal of Florida | Filed: Feb 21, 1985 | Docket: 438709

Cited 3 times | Published

possession as they might have done pursuant to section 78.068(3), Florida Statutes (1983). When appellees

Land-Cellular Corp. v. Zokaites

463 F. Supp. 2d 1348, 2006 U.S. Dist. LEXIS 95147, 2006 WL 3040766

District Court, S.D. Florida | Filed: Oct 23, 2006 | Docket: 2189159

Cited 2 times | Published

writ of replevin, which is codified at Fla. Stat. § 78.068(2), is a summary procedure that allows the movant

Traces Fashion Group, Inc. v. C & C MANAGEMENT, INC.

763 So. 2d 502, 2000 WL 986401

District Court of Appeal of Florida | Filed: Jul 19, 2000 | Docket: 1681913

Cited 2 times | Published

replevin properly followed the provisions of Section 78.068, Florida Statutes (1997) and served to determine

INTERN. FIDELITY v. Prestige Rent-A-Car

715 So. 2d 1025, 1998 Fla. App. LEXIS 9468, 1998 WL 416496

District Court of Appeal of Florida | Filed: Jul 24, 1998 | Docket: 1365761

Cited 2 times | Published

County seeking replevin of the leased vehicles. See § 78.068, Fla. Stat. (1993).[1] Upon motion filed by Advantage

Transtar Corporation v. Intex Recreation Corp.

570 So. 2d 366, 1990 WL 169374

District Court of Appeal of Florida | Filed: Nov 7, 1990 | Docket: 114558

Cited 2 times | Published

is clearly wrong. The applicable statute is section 78.068, Florida Statutes (1989), which authorizes

I.A. Durbin, Inc. v. Jefferson National Bank

793 F.2d 1541

Court of Appeals for the Eleventh Circuit | Filed: Jul 21, 1986 | Docket: 66216918

Cited 2 times | Published

a security interest. Pursuant to Fla.Stat.Ann. § 78.068 (West Supp.1986),1 the court issued a prejudg*1545ment

Vega v. Hughes

370 So. 2d 1187

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

Cited 2 times | Published

testimony. We also agree with appellant that Section 78.068(3) is applicable and requires that the bond

In re Collins

600 B.R. 108

United States Bankruptcy Court, M.D. Florida | Filed: Mar 27, 2019 | Docket: 65791331

Cited 1 times | Published

community claim." 11 U.S.C. § 101(10) (2018). See § 78.068, Fla. Stat. (2018) (prejudgment replevin); §§

Creston Aviation, Inc. v. TEXTRON FINANCIAL

900 So. 2d 727, 2005 WL 957595

District Court of Appeal of Florida | Filed: Apr 27, 2005 | Docket: 463269

Cited 1 times | Published

writ of replevin pursuant to Florida Statutes section 78.068 and sought attorney's fees against Creston

Trans Atlantic Distributors, L.P. v. Whiland Co., S.A.

671 So. 2d 883, 1996 Fla. App. LEXIS 3917, 1996 WL 185025

District Court of Appeal of Florida | Filed: Apr 19, 1996 | Docket: 64763890

Cited 1 times | Published

writ of replevin without notice pursuant to section 78.068(2), Florida Statutes (1993) and TAD posted

McMurrain v. Fason

573 So. 2d 915, 1990 WL 212125

District Court of Appeal of Florida | Filed: Feb 6, 1991 | Docket: 478871

Cited 1 times | Published

sales or profits, and, Therefore, pursuant to Section 78.068(2) "the Defendant is engaging in, or is about

Sag Harbour Marine, Inc. v. Fickett

484 So. 2d 1250

District Court of Appeal of Florida | Filed: Mar 20, 1986 | Docket: 1343771

Cited 1 times | Published

prejudgment writ of replevin is governed by section 78.068, Florida Statutes (1981). Subparagraph 6 of

RYAN KEHOE v. KELLY KEHOE

District Court of Appeal of Florida | Filed: Dec 27, 2023 | Docket: 68117310

Published

(3) for a prejudgment writ of replevin under section 78.068(2), (4) for entry to inspect his property at

JEAN CLAUDE BELVANT v. ABRAHAM COHEN

District Court of Appeal of Florida | Filed: Sep 7, 2022 | Docket: 64952864

Published

2 On September 24, 2015, pursuant to section 78.068 of the Florida Statutes, 3 the trial court

THOMAS G. HINNERS, MARY J. WAMSER, and FLORIDA AFFORDABLE HOUSING, INC. v. BRIAN J. HINNERS

District Court of Appeal of Florida | Filed: Mar 3, 2021 | Docket: 59699913

Published

court order denying FAHI’s motion relies upon section 78.068, which imposes a higher standard for obtaining

Weinberg v. Siemens Financial Services, Inc.

88 So. 3d 220, 2011 WL 4949814, 2011 Fla. App. LEXIS 16506

District Court of Appeal of Florida | Filed: Oct 19, 2011 | Docket: 60308201

Published

submitted to the trial court — one citing to section 78.068(4) and the other not citing to any statute

PNCEF, LLC v. South Aviation, Inc.

60 So. 3d 1120, 2011 Fla. App. LEXIS 6660, 2011 WL 1775822

District Court of Appeal of Florida | Filed: May 11, 2011 | Docket: 60300064

Published

lender satisfied the additional requirements of section 78.068, Florida Statutes (2010), which provides, in

Tokay Towing & Recovery, Inc. v. Kronen

906 So. 2d 1269, 2005 Fla. App. LEXIS 11806, 2005 WL 1788891

District Court of Appeal of Florida | Filed: Jul 29, 2005 | Docket: 64839645

Published

recovery of the trailer without notice to Tokay. See § 78.068(3), Fla. Stat. (2000). Tokay did not attempt to

Miller v. Bieluch

825 So. 2d 427, 2002 Fla. App. LEXIS 8544, 2002 WL 1332566

District Court of Appeal of Florida | Filed: Jun 19, 2002 | Docket: 64817301

Published

prejudgement writ of replevin must post a bond. § 78.068(3), Fla. Stat. (2001). The sheriff argues that

Jalaskari v. Bank of Nova Scotia

802 So. 2d 1220, 2002 Fla. App. LEXIS 131, 2002 WL 27262

District Court of Appeal of Florida | Filed: Jan 11, 2002 | Docket: 64811276

Published

five-day window period for posting a bond under section 78.068(4), Florida Statutes (1993), or the ten-day

Lennox Retail, Inc. v. McMillan

786 So. 2d 1252, 2001 Fla. App. LEXIS 8082, 2001 WL 667679

District Court of Appeal of Florida | Filed: Jun 15, 2001 | Docket: 64805967

Published

order under review. The provisions contained in section 78.068, Florida Statutes (1999) were enacted “in 1976

Eastman Kodak Co. v. Thomas Gordon & Associates, Inc.

789 So. 2d 360, 2001 Fla. App. LEXIS 2137, 2001 WL 194079

District Court of Appeal of Florida | Filed: Feb 28, 2001 | Docket: 64806663

Published

Associates pursuant to Florida’s replevin statutes. See § 78.068, Fla.Stat. (1987). The initial complaint was subsequently

Advantage Car Rental & Sales, Inc. v. Mitsubishi Motor Sales of America, Inc.

664 So. 2d 46, 1995 Fla. App. LEXIS 12532, 1995 WL 712595

District Court of Appeal of Florida | Filed: Dec 6, 1995 | Docket: 64760548

Published

was in danger of removal from the jurisdiction. § 78.068, Fla.Stat. (1993). As to the second order appealed

Medina v. Star Holding Co. No. 1

588 So. 2d 1032, 1991 Fla. App. LEXIS 11046, 1991 WL 225495

District Court of Appeal of Florida | Filed: Nov 5, 1991 | Docket: 64662897

Published

wasting the value of the stock certificate. Section 78.068(2), Fla.Stat. (1989). We conclude, contrary

Unicorn Star, Inc. v. La Corrida Restaurante, Inc.

591 So. 2d 271, 1991 Fla. App. LEXIS 10697, 1991 WL 205848

District Court of Appeal of Florida | Filed: Oct 16, 1991 | Docket: 64664222

Published

granted a prejudgment writ of replevin under section 78.068, Florida Statutes (1989), but waived the requirement

KDC Financial Corp. v. American Rock, Inc.

578 So. 2d 757, 14 U.C.C. Rep. Serv. 2d (West) 655, 1991 Fla. App. LEXIS 2925, 1991 WL 45198

District Court of Appeal of Florida | Filed: Apr 2, 1991 | Docket: 64658321

Published

a prejudgment writ of re-plevin pursuant to section 78.068(2), Florida Statutes (1989), alleging that

Meireles Truck Sales, Inc. v. Industria Del Autobus, C.A.

555 So. 2d 1253, 14 Fla. L. Weekly 2793, 1989 Fla. App. LEXIS 6779, 1989 WL 146008

District Court of Appeal of Florida | Filed: Dec 5, 1989 | Docket: 64647704

Published

PER CURIAM. Section 78.068(6), Florida Statutes (1987), provides: [t]he defendant, by contradictory

People's Telephone Co. v. Sunshine Payphones, Inc.

519 So. 2d 690, 13 Fla. L. Weekly 337, 1988 Fla. App. LEXIS 380, 1988 WL 6062

District Court of Appeal of Florida | Filed: Feb 3, 1988 | Docket: 64632512

Published

the requisite replevin bond as required by section 78.-068(3), Florida Statutes (1985). The record supports

Hon Cheung v. Leon

485 So. 2d 41, 11 Fla. L. Weekly 704, 1986 Fla. App. LEXIS 6971

District Court of Appeal of Florida | Filed: Mar 19, 1986 | Docket: 64618079

Published

an immediate hearing for dissolution under section 78.-068(6), Florida Statutes (1985), at which appellants