Florida Statute 78.12 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 78
REPLEVIN

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78.12 Writ; execution on property removed from jurisdiction.—At the time of service of the writ if the property to be replevied is located outside the county of the court issuing the writ, the party having had the writ issued shall deliver it to the sheriff of the county where the property is located and to whom the writ is directed, and the sheriff shall execute the writ and shall, unless the writ directs otherwise, deliver the property to the plaintiff.

History.—RS 1718; GS 2182; RGS 3487; CGL 5340; s. 28, ch. 67-254; s. 1, ch. 73-20; s. 8, ch. 87-405.

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Amendments to 78.12

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Cases Citing Statute 78.12

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Huri Enter., Inc. v. Spectacular Midways, Inc., 530 So. 2d 956 (Fla. Dist. Ct. App. 1988).

Published | District Court of Appeal of Florida | 13 Fla. L. Weekly 1783, 1988 Fla. App. LEXIS 3403, 1988 WL 76422

...f the court for the purpose of rendering judgment. See also Marston v. Rose-Elash, 720 S.W. 2d 783 (Mo.App.1986) (court is without jurisdiction for replevin action where item to be seized was located out of the county). The appellant’s reliance on section 78.12, Florida Statutes (1987) for its contention that jurisdiction may be obtained over property outside the county is misplaced. Section 78.12 deals with property that is removed from the county after the initial replevin writ is issued, but prior to the writ being served....

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