Florida Statute 79.04 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 79
HABEAS CORPUS

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79.04 Return to writ.—

(1) The person on whom the writ is served shall bring the body of the prisoner, or cause it to be brought, before the court, justice or judge before whom the writ is made returnable without delay and at the same time certify to the cause of the detention.

(2) When the writ is issued, the court shall set an early return date, at which time the formal return of the defendant shall be made. In the absence of a motion to quash or a motion for discharge notwithstanding the return, issue is joined when the return is filed and the action shall be ready for final disposition.

History.—s. 2, Sept. 16, 1822; s. 2, ch. 3129, 1879; RS 1773; GS 2250; RGS 3573; CGL 5437; s. 29, ch. 67-254.

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Amendments to 79.04

Annotations, Discussions, Cases:

Cases Citing Statute 79.04

Total Results: 5 | Sort by: Relevance | Newest First

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Quarles v. State, 56 So. 3d 857 (Fla. 1st DCA 2011).

Cited 2 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 2677, 2011 WL 711998

...Dep't of Corrections, 503 So.2d 412 (Fla. 1st DCA 1987) (writ granted where maximum sentence expired). The order dismissing the complaint is REVERSED and the cause REMANDED for the entry of an order requiring the Department to "certify to the cause of the detention," as described by section 79.04, Florida Statutes, and for further proceedings by the trial court....

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Bard v. Wolson, 687 So. 2d 254 (Fla. 1st DCA 1997).

Cited 2 times | Published | Florida 1st District Court of Appeal | 1996 WL 685577

...it. Issuance of the writ is the vehicle which acknowledges the facial sufficiency of the complaint and triggers the necessity of a response (also called "the return"). Although Rule 1.630 does not provide for the petitioner to reply to the response, section 79.04(2) recognizes the right of the petitioner to file a motion to quash the return, or a motion to discharge notwithstanding the return....

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Eddie I. Sierra v. City of Hallandale Beach, Florida, 904 F.3d 1343 (11th Cir. 2018).

Cited 1 times | Published | Court of Appeals for the Eleventh Circuit

closed-captioning requirements. See 46 C.F.R. § 79.4 (e). *1348 B. We begin our

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Robert Jones A/K/A Obadyah Baraq Yisrael v. State of Florida - State of Florida Dep't of Corr. & Florida Comm'n on Offender Review (Fla. Dist. Ct. App. 2024).

Published | District Court of Appeal of Florida

the cause of the detention,” as described by section 79.04, Florida Statutes, and for further proceedings

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AFC Franchising, LLC v. Danilo Purugganan (11th Cir. 2022).

Published | Court of Appeals for the Eleventh Circuit

ing promises. See, e.g., 15 Corbin on Contracts § 79.4 (2022); The Bremen, 407 U.S. at 11. And even beyond

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