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Florida Statute 713.76 | Lawyer Caselaw & Research
F.S. 713.76 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 713.76

The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY
Chapter 713
LIENS, GENERALLY
View Entire Chapter
F.S. 713.76
713.76 Release of lien by filing bond.
(1) Any lienee may release his or her property from any lien claimed thereon under this part by filing with the clerk of the circuit court a cash or surety bond, payable to the person claiming the lien, in the amount of the final bill, and conditioned for the payment of any judgment which may be recovered on said lien, with costs.
(2) Whenever a lienee brings an action in the appropriate court with respect to any property which has been wrongfully detained by a lienor in violation of this section, the lienee, upon a judgment in the lienee’s favor, shall be entitled to damages, reasonable court costs, and attorney’s fees sustained by the lienee by reason of such wrongful detention.
(3) Any lienor who, upon the posting of the bond, fails to release or return the property to the lienee pursuant to this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.s. 8, ch. 1632, 1868; RS 1749; s. 19, ch. 5143, 1903; GS 2225; RGS 3532; CGL 5396; s. 36, ch. 67-254; s. 1, ch. 77-387; s. 167, ch. 91-224; s. 829, ch. 97-102.
Note.Former s. 85.27.

F.S. 713.76 on Google Scholar

F.S. 713.76 on Casetext

Amendments to 713.76


Arrestable Offenses / Crimes under Fla. Stat. 713.76
Level: Degree
Misdemeanor/Felony: First/Second/Third

S713.76 - FRAUD - FAIL RETURN RELEASE LIEN PROP AFTER BOND POST - M: S



Annotations, Discussions, Cases:

Cases from cite.case.law:

CRESTON AVIATION, INC. v. TEXTRON FINANCIAL CORPORATION, a, 900 So. 2d 727 (Fla. Dist. Ct. App. 2005)

. . . pursuant to Florida Statutes section 78.068 and sought attorney’s fees against Crestón under section 713.76 . . . Section 713.76 provides in part that: (2) Whenever a lienee brings an action in the appropriate court . . .

ARCHIVE AMERICA, INC. a v. VARIETY CHILDREN S HOSPITAL d b a s a, 873 So. 2d 359 (Fla. Dist. Ct. App. 2004)

. . . Miller upheld the constitutionality of section 713.76, Florida Statutes (1977), which permitted release . . .

In P. OSBORNE, R., 170 B.R. 367 (Bankr. M.D. Tenn. 1994)

. . . payments of $15.43, for a total of $802.36, or by making 12 monthly payments of $59.48, for a total of $713.76 . . .

STINSON v. FEMINIST WOMEN S HEALTH CENTER, INC., 416 So. 2d 1183 (Fla. Dist. Ct. App. 1982)

. . . Section 713.76(2), Florida Statutes, cited in the final judgment as authorizing the fee award, is inapplicable . . . that statute only permits an award of attorneys’ fees when the offending party has violated Section 713.76 . . .

STATE v. MILLER,, 373 So. 2d 677 (Fla. 1979)

. . . I would concur in the majority’s conclusion that section 713.76, Florida Statutes (1977), does not effect . . . Section 713.76(3) provides that a lienor who fails to release or return the property upon the posting . . . We decide in this appeal the constitutionality of section 713.76, Florida Statutes (1977). . . . In granting appellee’s motion to dismiss, the County Court of Dade County declared section 713.76 unconstitutional . . . Gravins sought the release of appellee’s lien on her car by posting bond under section 713.76. . . . In its order granting appellee’s motion to dismiss, the county court held that section 713.76 deprived . . . We conclude, however, that section 713.76 is constitutional because it does not effect a\significant . . .

E. v. LAMBERT, 348 F. Supp. 1334 (M.D. Fla. 1972)

. . . their inability through indigency to utilize the remedial aspects of Florida Statutes, §§ 78.01 and 713.76 . . . Fla.Stat. §§ 78.01 and 713.76, F.S.A. . . . Defendants argue that the remedial aspects of Florida Statutes, §§ 78.01 and 713.76, F.S.A. protect the . . .

BERMAN, v. D. PATTERSON,, 171 F. Supp. 800 (N.D. Ala. 1959)

. . . the value of the policies and the gift from plaintiff to his wife was in the adjusted amount of $16,-713.76 . . .