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Florida Statute 78.18 | Lawyer Caselaw & Research
F.S. 78.18 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 78.18

The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 78
REPLEVIN
View Entire Chapter
F.S. 78.18
78.18 Judgment for plaintiff when goods not delivered to defendant.If it appears that the property described in the complaint was wrongfully taken or detained by defendant and the property has been delivered to plaintiff by the officer executing the writ, plaintiff shall have judgment for his or her damages caused by the taking and detention and costs.
History.s. 11, Mar. 11, 1845; RS 1724; GS 2188; RGS 3493; CGL 5346; s. 28, ch. 67-254; s. 1, ch. 73-20; s. 409, ch. 95-147.

F.S. 78.18 on Google Scholar

F.S. 78.18 on Casetext

Amendments to 78.18


Arrestable Offenses / Crimes under Fla. Stat. 78.18
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 78.18.



Annotations, Discussions, Cases:

Cases from cite.case.law:

SINCE HARDWARE GUANGZHOU CO. LTD. v. UNITED STATES,, 977 F. Supp. 2d 1347 (Ct. Int'l Trade 2014)

. . . than the • seaport cities above)_ $220.77 $76.62 $174.69 $472.08 Average of all 17 cities_$229.76_$78.18 . . . Costs $645 E = $350 Use 17-city average instead of E = $229.76 F = $120 Mumbai-only data point F = $78.18 . . . changes, Commerce’s current formula, (($350 + $120)/D) + (($175*1.5*0.5)/D), would become (($229.76 + $78.18 . . .

FISHER, v. DEPARTMENT OF VETERANS AFFAIRS,, 456 F. App'x 893 (Fed. Cir. 2011)

. . . Fisher’s cumulative annual accuracy rate was 78.18 percent, in August it was 75.28 percent, and by the . . .

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

. . . . § 78.18; see Fla. R. Civ. P. Form 1.995(a); HEG, Inc. v. . . .

E M MARINE CORP. v. FIRST UNION NATIONAL BANK,, 783 So. 2d 311 (Fla. Dist. Ct. App. 2001)

. . . Additionally, section 78.18, Florida Statutes (1995), does not apply because E & M Marine did not wrongfully . . . favor of First Union, and reverse the trial court’s award of transportation and storage costs. . § 78.18 . . .

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

. . . Pursuant to section 78.18, Florida Statutes (1995), paragraph 2 of the form provides that the plaintiff . . .

TRACES FASHION GROUP, INC. d b a A. I. v. C C MANAGEMENT, INC. d b a, 763 So. 2d 502 (Fla. Dist. Ct. App. 2000)

. . . Contrary to plaintiffs reasoning, Section-78.18, Florida Statutes (1997) does not support entry of judgment . . . Section 78.18 states that plaintiff is entitled to judgment for damages caused by defendants’ unlawful . . .

IN RE AMENDMENT TO FLORIDA RULES OF CIVIL PROCEDURE- FINAL JUDGMENT OF REPLEVIN FORMS a d, 723 So. 2d 180 (Fla. 1998)

. . . Pursuant to section 78.18, Florida Statutes (1995), paragraph 2 of the form provides that the plaintiff . . .

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

. . . As provided in Section 78.18, Florida Statutes (1987), “If it appears that the property described in . . .

ZAPF v. A ACTION AUTOMOTIVE RELIABLE TRANSMISSION, INC., 50 Fla. Supp. 2d 56 (Fla. Cir. Ct. 1991)

. . . See § 78.18 F.S. This Appeal is from the Order Dismissing The Claim For Damages. . . .

GILBERT, O v. CITY OF LITTLE ROCK, ARKANSAS E. E., 799 F.2d 1210 (8th Cir. 1986)

. . . Armstrong, E. 64.98 24 16.58 81.56 16 Aulwes, J. 65.19 23 16.31 81.50 17 Bartsch, T. 62.51 40 15.67 78.18 . . .

SAG HARBOUR MARINE, INC. v. FICKETT d b a, 484 So. 2d 1250 (Fla. Dist. Ct. App. 1985)

. . . Statutes (1981); (2) appellant is the prevailing party and entitled to recover its costs under section 78.18 . . .

FORESIGHT ENTERPRISES, INC. CKN v. LEISURE TIME PROPERTIES, INC. W. D. R., 466 So. 2d 283 (Fla. Dist. Ct. App. 1985)

. . . the “damages sustained by reason of the wrongful taking or detention” mentioned in sections 78.01 and 78.18 . . . Further section 78.18 provides: If it appears that the property described in the complaint was wrongfully . . .

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

. . . the goods have not been retained by or redelivered to him, if “he prevails .... ” Finally, Section 78.18 . . .

TRADING POST OF NAPLES, INC. v. F. HOWL G., 371 So. 2d 221 (Fla. Dist. Ct. App. 1979)

. . . was entitled to discharge of the bond posted for return of Wood’s personal property and under Section 78.18 . . .

DREWRY v. THOMPSON DOOR COMPANY,, 47 Fla. Supp. 177 (Broward Cty. Cir. Ct. 1978)

. . . detention of the doorskins by Paley & Tucker, together with costs, in accordance with the provisions of §78.18 . . . purpose of determining the amount of damages and costs which plaintiff is entitled to recover under §78.18 . . .

INTERNATIONAL HARVESTER CREDIT CORPORATION v. AMERICAN NATIONAL BANK OF JACKSONVILLE, a, 296 So. 2d 32 (Fla. 1974)

. . . . § 78.165 (1973) (old § 78.18), F.S.A., does not contain the “special interest” language of its following . . .

AMERICAN EMPLOYERS INSURANCE COMPANY, v. PIEDMONT SEWING SUPPLY, INC., 287 So. 2d 111 (Fla. Dist. Ct. App. 1973)

. . . . § 78.18 was cited in the judgment, but obviously this was a clerical error. . “Rule 1.540. . . .

BAILEY, v. KAWASAKI- KISEN, K. K., 478 F.2d 839 (5th Cir. 1973)

. . . Damages were allocated as follows : Loss of wages for 13 weeks at $78.18 $1,016.34 Medical expenses 573.21 . . .

GOODBODY CO. a v. J. DODSON,, 240 So. 2d 882 (Fla. Dist. Ct. App. 1970)

. . . delivery of the property and makes no mention of damages caused by the taking and detention as in § 78.18 . . .

CATTLE OWNERS CORPORATION v. ARKIN SWINE OWNERS CORPORATION v. JACOBSON, 252 F. Supp. 34 (S.D. Iowa 1966)

. . . In Section 78.18 of Vol. 4, Collier on Bankruptcy, the rights that the trustee in bankruptcy has to the . . .

BUTLER, v. J. MIRABELLI,, 179 So. 2d 868 (Fla. Dist. Ct. App. 1965)

. . . Fla.Stats. 78.18 (plaintiff) and 78.20 (defendant) F.S.A., set out what the judgment is to cover in cases . . .

v., 44 T.C. 284 (T.C. 1965)

. . . Treasury li^s at 91.26 (or $459,062.50) plus accumulated interest of $1,270.49, and less a commission of $78.18 . . .

FIRST NATIONAL BANK OF MIAMI, v. FIRST BONDED WAREHOUSE,, 174 So. 2d 606 (Fla. Dist. Ct. App. 1965)

. . . .- — If it shall appear, as set forth in § 78.18, that the goods have been redelivered to the defendant . . .

L. C. HUCKLEBERRY d b a v. DAVIS DOUBLE SEAL JALOUSIES, INC. a, 117 So. 2d 519 (Fla. Dist. Ct. App. 1960)

. . . The trial judge concluded that the appellee was so entitled and pursuant to § 78.18, Fla.Stat., F.S.A . . .

NATURALIZATION SPAK, 164 F. Supp. 257 (E.D. Pa. 1958)

. . . . $78.18 of additional medical expenses were deducted in arriving at this figure, being 5% of adjusted . . .

J. T. THOMPSON v. MRS. EDNA GUNTNER, 160 Fla. 856 (Fla. 1948)

. . . Section 78.18, F.S. 1941, F.S.A., provides that when judgment is for plaintiff and when he has the goods . . .