The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 78
REPLEVIN

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F.S. 78.19

78.19 Judgment for plaintiff when goods retained by or redelivered to defendant.—

(1) If it appears that the property was retained by, or redelivered to, defendant on his or her forthcoming bond, plaintiff shall take judgment for the property and against defendant and the surety on the forthcoming bond for the value of the property, but when plaintiff’s interest in the property is based on a claim of lien or some special interest therein, the judgment shall be only for the amount of the lien or the value of such special interest and costs, and the judgment shall be satisfied by the recovery of the property or the amount adjudged against defendant and defendant’s surety.

(2) After rendition of judgment, plaintiff at his or her option may have a writ of possession for the property and execution for plaintiff’s costs or have execution against defendant and defendant’s surety for the amount recovered and costs. If plaintiff elects to have a writ of possession for the property and the officer returns that he or she is unable to find it or any of it, plaintiff may immediately have execution against defendant and defendant’s surety for the whole amount recovered against them or for the amount recovered less the value of the property found by the officer. If he or she has execution for the whole amount, the officer shall release all property taken under the writ of possession.

(3) In any proceeding to ascertain the value of the property so that judgment for the value may be entered, the value of each article shall be found but it is not necessary to ascertain the value of each article of a lot of goods, wares, and merchandise when it has been replevied, but it is sufficient to ascertain the total value of the entire lot found.

History.—s. 1, ch. 3133, 1879; RS 1724; s. 1, ch. 5159, 1903; GS 2188; RGS 3493; s. 1, ch. 9320, 1923; CGL 5346, 5348; s. 28, ch. 67-254; s. 1, ch. 73-20; s. 410, ch. 95-147.

F.S. 78.19 on Google Scholar

F.S. 78.19 on Casetext

Amendments to 78.19

Arrestable Offenses / Crimes under Fla. Stat. 78.19

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 78.19.

Annotations, Discussions, Cases:

Cases from cite.case.law:

REG SYNTHETIC FUELS, LLC, v. NESTE OIL OYJ,, 841 F.3d 954 (Fed. Cir. 2016)

. . . .% 78.19 wt.% Palm Oil 72.5% 71.75 wt.% 72.11 wt.% 71.58 wt.% Fatty Acid Fraction 67.12% 65.78 wt.% 66.45 . . .

In IMPLEMENTATION OF COMMITTEE ON PRIVACY AND COURT RECORDS RECOMMENDATIONS- AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE FLORIDA RULES OF JUDICIAL ADMINISTRATION FLORIDA RULES OF CRIMINAL PROCEDURE FLORIDA PROBATE RULES FLORIDA SMALL CLAIMS RULES FLORIDA RULES OF APPELLATE PROCEDURE FLORIDA FAMILY LAW RULES OF PROCEDURE, 78 So. 3d 1045 (Fla. 2011)

. . . Section 78.19, Florida Statutes (1995), allows the plaintiff to recover the property or its value or . . . Pursuant to section 78.19(2), Florida Statutes, paragraphs 1 and 2 of the form provide the plaintiff . . . Sections 78.21 and 78.19 allow the defendant to recover the property or its value or the value of the . . .

DEL MORAL, v. UBS FINANCIAL SERVICES INCORPORATED OF PUERTO RICO,, 815 F. Supp. 2d 495 (D.P.R. 2011)

. . . Court noted that “the Superior Court awarded [Candelario] $4,160,522.61, and she only received $351, 78.19 . . . negligence, however, Efron was able to deplete his UBS accounts, so that Candelario only received $351, 78.19 . . .

In STEWART,, 391 B.R. 327 (Bankr. E.D. La. 2008)

. . . 483.73 Unapplied Trustee Payments 203.25 (2002 of $125.06 plus 2004 727.62 ($3,120.00 - $2,770.55 - $78.19 . . . from 2002 Bankruptcy of $125.06 plus unapplied funds from 2004 bankruptcy (($3,120.00 - $274.26) = $78.19 . . .

TOKAY TOWING RECOVERY, INC. a v. J. KRONEN,, 906 So. 2d 1269 (Fla. Dist. Ct. App. 2005)

. . . See § 78.19(2); § 78.21; State ex rel. O’Hara v. Justice, 109 So.2d 761, 762 (Fla. 1959); Bryant v. . . .

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

. . . . § 78.19; see Fla. R. Civ. P. Form 1.995(b). . . .

P. ALEXANDER M. v. PHOENIX BOND INDEMNITY COMPANY, d b a d b a S. I. S. I. Co. d b a C. B. B. B. D. S., 149 F. Supp. 2d 989 (N.D. Ill. 2001)

. . . 3.98% 0% (58.65%) 1994 24,797 3.11% 0% (73.03%) 1995 26,159 2.10% 0% (79.73%) 1996 28,287 15.71% 18% (78.19% . . . At the 1996 Annual Tax Sale, 78.19% of properties sold for 18% penalty rate. . . .

EASTMAN KODAK CO. v. THOMAS GORDON ASSOCIATES, INC., 789 So. 2d 360 (Fla. Dist. Ct. App. 2001)

. . . and against plaintiff for the value of the property and costs in the same manner as provided in s. 78.19 . . . Section 78.19 contains no reference to attorney’s fees. See also Main v. . . .

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

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

. . . advised this Court that the language of the proposed forms conforms with the language found in section 78.19 . . . Section 78.19, Florida Statutes (1995), allows the plaintiff to recover the property or its value or . . . Pursuant to section 78.19(2), Florida Statutes, paragraphs 1 and 2 of the form provide the plaintiff . . . Sections 78.21 and 78.19 allow the defendant to recover the property or its value or the value of the . . .

INTERNATIONAL FIDELITY INSURANCE COMPANY, v. PRESTIGE RENT- A- CAR, INC., 715 So. 2d 1025 (Fla. Dist. Ct. App. 1998)

. . . costs and against him for the value of the property and costs in the same manner as provided in s. 78.19 . . .

DEMETREE, v. STRAMONDO d b a St., 621 So. 2d 740 (Fla. Dist. Ct. App. 1993)

. . . See §§ 78.19, 78.20, 78.21, Fla.Stat. See e.g., State ex rel. O’Hara v. . . .

BROWN BAG SOFTWARE, a v. SYMANTEC CORP. a L., 960 F.2d 1465 (9th Cir. 1992)

. . . Nimmer & David Nimmer, Nimmer on Copyright § 13.03[E][3], at 13-78.19 to -78.20 (1991) (hereinafter, . . .

McMURRAIN, v. FASON, d b a PC, 584 So. 2d 1027 (Fla. Dist. Ct. App. 1991)

. . . costs and against him for the value of the property and costs in the same manner as provided in s. 78.19 . . .

In BEVERLY HILLS FIRE LITIGATION., 639 F. Supp. 915 (E.D. Ky. 1986)

. . . lounge) $ 35.79 1/12/85 Helmsley Palace (phone calls and theatre tickets disallowed by the Magistrate) $ 78.19 . . .

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

. . . costs and against him for the value of the property and costs in the same manner as provided in section 78.19 . . . Section 78.19 contains no reference to attorney’s fees. . . .

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

. . . See, e.g., § 78.19(1), Fla.Stat. . . . See, e.g., § 78.19, Fla. Stat. . . .

LANDMARK FIRST NATIONAL BANK OF FORT LAUDERDALE, v. BEACH BAIT AND TACKLE SHOP, INC. J. a k a, 449 So. 2d 1287 (Fla. Dist. Ct. App. 1983)

. . . See, e.g., §§ 78.03 and 78.19(2). . . .

LITTMAN, a v. COMMERCIAL BANK TRUST COMPANY, a, 425 So. 2d 636 (Fla. Dist. Ct. App. 1983)

. . . Section 78.19, Florida Statutes (1981), which deals with replevin of personal property, for example, . . .

J. WOLF, d b a v. BUCHMAN, d b a, 425 So. 2d 182 (Fla. Dist. Ct. App. 1983)

. . . employing a writ of replevin has the option of recovering the property or its value, but not both, see § 78.19 . . .

ROCHE, v. BARBARO,, 378 So. 2d 1334 (Fla. Dist. Ct. App. 1980)

. . . Accordingly, the final judgment in favor of plaintiff appellee is necessarily controlled by Section 78.19 . . . That section provides: 78.19 Judgment for plaintiff when goods retained by or redelivered to defendant . . .

MODINE MANUFACTURING COMPANY, v. ISRAEL, 294 So. 2d 369 (Fla. Dist. Ct. App. 1974)

. . . possession and for, “ . . . the value of the property and costs in the same manner as provided in § 78.19 . . . Fla.Stat. § 78.19 provides that where goods are redelivered to the defendant, and the plaintiff prevails . . . Fla.Stat. § 78.19(1) [Emphasis supplied] Consequently, since Fla.Stat. § 78.-21 provides that the determination . . . for the plaintiff, the defendant’s award is also thereby qualified by the requirement in Fla.Stat. § 78.19 . . .

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

. . . In the event replevin is appropriate, new § 78.175 (1973) (former § 78.19(1)), F.S.A., when goods replevied . . .

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

. . . . § 78.19, F. S.A.] in the sum of $12,000. . . . Fla.Stat. § 78.19 , F.S.A. . . . circuit court judge relied upon in his entry of the November default judgment) reads in part as follows: “78.19 . . . Therefore, in accordance with Fla.Stat. § 78.19, F.S.A., set out in part hereinabove, the final judgment . . . Contract heretofore referred to hereinabove, constituting a “lot”, as same is referred to in Section 78.19 . . .

TRAVELERS INDEMNITY COMPANY, v. R. B. MERCER, 250 So. 2d 283 (Fla. Dist. Ct. App. 1971)

. . . against him and his surety for the value of the property and costs in the same manner as provided in § 78.19 . . . The value of each article of goods replevied shall be found as directed in § 78.19, Florida Statutes, . . .

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

. . . Section 78.19(1) Fla.Stat., F.S.A. provides for judgment for the plaintiff when goods are delivered to . . .

A. LAZZARI, v. GORDON, d b a, 214 So. 2d 102 (Fla. Dist. Ct. App. 1968)

. . . As provided in §§ 78.19 and 78.21 of chapter 78 Fla.Stat., F.S.A., relating to replevin, the judgment . . .

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

. . . Stats. 78.19 (plaintiff) and 78.21 (defendant) F.S.A., control cases where the prevailing party is not . . . However, since §§ 78.19 and 78.21 are worded exactly the same wé must look to the case law under both . . .

MILLER, v. TOWNHOUSE DEVELOPMENT CORP., 178 So. 2d 730 (Fla. Dist. Ct. App. 1965)

. . . of replevin to be issued after final judgment “for the property itself and against the defendant” (§ 78.19 . . .

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

. . . that now provided for when defendant shall have retaken the property upon forthcoming bond * * Section 78.19 . . . the forthcoming bond of the defendant for the value of the property * * We hold that the portion of § 78.19 . . . It will be observed that in § 78.19, Fla.Stat, F.S.A. it is the defendant’s choice of retaining the property . . .

CECIL HOLLAND FORD, INC. a v. JAMESON,, 132 So. 2d 621 (Fla. Dist. Ct. App. 1961)

. . . See §§ 78.19, 78.20, 78.21, Fla.Stat., F.S.A. . . .

BOSTWICK- BATTERSON COMPANY v. THE UNITED STATES, 151 Ct. Cl. 560 (Ct. Cl. 1960)

. . . increase covering the weeks ending December 12,1953 to January 2,1954” came to $2,806.42, plus overhead of 78.19 . . . The claimed overhead rate was reduced during the proceedings before the Board from 78.19 percent to 53 . . .

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

. . . See §§ 78.19 and 78.21, Fla.Stat., F.S.A. . . .

STATE O HARA, v. D. JUSTICE,, 109 So. 2d 761 (Fla. 1959)

. . . By virtue of § 78.19, F.S.A., which is ftiade applicable to the instant case under provisions of §§ 78.20 . . . Frederick, 1935, 121 Fla. 494, 163 So. 885 and our statutes (§§ 78.19 and 78.21) is that said value, . . .

S. KLEIN, v. G. F. C. CORPORATION,, 103 So. 2d 120 (Fla. Dist. Ct. App. 1958)

. . . from the essential requirements of the law in failing to apply the pertinent provisions of Section 78.19 . . . , Fla.Stat., F.S.A.: “78.19. . . .

CAPITOL INDEMNITY INSURANCE COMPANY, a v. STATE, 86 So. 2d 156 (Fla. 1956)

. . . We have also held valid the statute (now Section 78.19, Fla.Stat.1953, F.S.A.) authorizing the entry . . .

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

. . . Section 78.19, F.S. 1941, F.S.A., provides that when judgment is for plaintiff and defendant has goods . . . property and against him and his sureties for the value and costs in the same manner as provided in 78.19 . . .

v., 24 C.C.P.A. 248 (C.C.P.A. 1936)

. . . 85.71 76.79 76.95 77.05 77.42 77.17 76.67 77.17 76.85 54.15 82.27 79.00 79.33 78.83 77.37 75.70 77.17 78.19 . . .