Florida Statute 78.08 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 78
REPLEVIN

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78.08 Writ; form.—The writ shall command the sheriff to replevy the described personal property in possession of defendant.

History.—s. 4, Mar. 11, 1845; RS 1714; GS 2178; RGS 3483; CGL 5336; s. 28, ch. 67-254; s. 1, ch. 73-20; s. 6, ch. 83-255.

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Amendments to 78.08

Annotations, Discussions, Cases:

Cases Citing Statute 78.08

Total Results: 4 | Sort by: Relevance | Newest First

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Gray Fin. Grp., Inc. v. U.S. Sec. & Exch. Comm'n, 825 F.3d 1236 (11th Cir. 2016).

Cited 3 times | Published | Court of Appeals for the Eleventh Circuit

Free Enterprise Fund, which construed § 78^8 reach, does not require a contrary conclusion.

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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

...On this point, Johnson relies on Aysisayh , which facially seems to support her position, though two points caution against its application. 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 ‘[...

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Miller v. Townhouse Dev. Corp., 178 So. 2d 730 (Fla. Dist. Ct. App. 1965).

Published | District Court of Appeal of Florida | 1965 Fla. App. LEXIS 3680

...ion.” Sections 78.05-78.07, F.S.A., provide that the writ of replevin for the property may issue at the commencement of the action upon giving bond to have the property forthcoming if “defendant recover judgment against him in the action;” and § 78.08, F.S.A....

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In re Advisory Opinion to the Governor, 290 So. 2d 473 (Fla. 1974).

Published | Supreme Court of Florida | 1974 Fla. LEXIS 4412

Statutes, Title 2A:73A-4; Colorado Revised Statutes, § 78-8-3. However, constitutional issues need not frame

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