Prejudgment Writ Of Replevin

42 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Edwards v. Landsman
  51 So. 3d 1208· Fla. 4th DCA· 2011-01-12 ·cited 46×
  The Fourth District Court of Appeal reversed the trial court's dismissal of Edwards's third-party complaint for conversion against Landsman, the owner/managing agent of Auto Showcase Motorcars. The court held that Edwards alleged sufficient facts to support a conversion claim bas
• Prestige Rent-A-Car, Inc. v. Advantage CAR Rental & Sales
  656 So. 2d 541· Fla. 5th DCA· 1995-06-09 ·cited 41×
  Prestige Rent-A-Car appeals a writ of replevin issued by a Florida court to recover leased vehicles after Prestige defaulted. The court affirmed, holding that although the parties' lease agreement specified New York governing law and exclusive New York jurisdiction, the parties i
• Weigh Less FOR Life, Inc. v. Barnett Bank OF Orange Park
  399 So. 2d 88· Fla. 1st DCA· 1981-05-28 ·cited 36×
  Weigh Less for Life, Inc. sought to recover a Lincoln automobile from Barnett Bank. The trial court granted summary judgment against Weigh Less based on an earlier order dissolving a prejudgment writ of replevin, treating that dissolution as a conclusive determination of ownershi
• Zuckerman v. Prof'l Writers OF Fla., Inc.
  398 So. 2d 870· Fla. 4th DCA· 1981-04-29 ·cited 36×
  The appellate court affirmed a trial court's issuance of a temporary restraining order and prejudgment writs of replevin against former employees who allegedly removed corporate records from their employer. The court held that circumstantial evidence and testimony at the motion-t
• Devoe & Raynolds Co., Inc. v. KDS Paint Co., Inc.
  382 So. 2d 126· Fla. 4th DCA· 1980-04-02 ·cited 22×
  The court held that a telephone call on the same day a motion is served by mail is insufficient notice for a hearing to dissolve a prejudgment writ of replevin.
• Sparta State Bank v. Pape
  477 So. 2d 3· Fla. 5th DCA· 1985-09-12 ·cited 20×
  Sparta State Bank obtained a summary judgment against the Papes in county court to accelerate payment on promissory notes and repossess pledged vehicles. The circuit court, reviewing the case on appeal, reversed and remanded for additional hearings. The Florida District Court of
• Brown v. Reynolds
  872 So. 2d 290· Fla. 2d DCA· 2004-04-14 ·cited 19×
  William C. Brown sought to recover personal property from Raymond and Frank Reynolds through a replevin action. The circuit court prematurely dismissed Brown's action on the merits after a hearing limited to determining whether Brown was entitled to a writ of replevin prior to fi
• McMURRAIN v. Fason
  584 So. 2d 1027· Fla. 1st DCA· 1991-07-22 ·cited 18×
  McMurrain petitioned for certiorari to review a trial court order that denied him relief after a wrongfully issued prejudgment writ of replevin was dissolved and Fason could not return the seized property because he had sold it. The court granted the petition, holding that McMurr
• Lease Fin. Corp. v. Nat'l Commuter Airlines, Inc.
  462 So. 2d 564· Fla. 3d DCA· 1985-01-15 ·cited 18×
  Lease Financing Corporation appeals the trial court's dissolution of a prejudgment writ of replevin for an aircraft and records. The appellate court reverses, holding that a secured creditor with a contractual right to possession upon default is entitled to a prejudgment writ of
• JB Int'l, Inc. v. Mega Flight, Inc.
  840 So. 2d 1147· Fla. 5th DCA· 2003-03-28 ·cited 17×
  The court held that a dismissal for failure to prosecute in a replevin action leaves the parties as if the suit had never been filed, requiring the return of property previously seized under a writ.
• Landmark First Nat'l Bank of Fort Lauderdale v. Beach Bait & Tackle Shop, Inc.
  449 So. 2d 1287· Fla. 4th DCA· 1983-10-05 ·cited 15×
  When a creditor obtains a prejudgment writ of replevin based on verified allegations of nonpayment and proves that ground at an evidentiary hearing, the trial court has no discretion to dissolve the writ under section 78.068(6), Florida Statutes.
• Pici v. First Union Nat'l Bank of Fla.
  621 So. 2d 732· Fla. 2d DCA· 1993-06-04 ·cited 14×
  The court held that a bank's internal decision to accelerate a loan is ineffective without notice to the debtor, and a tender of past-due payments before such notice defeats the right to accelerate.
• SAG Harbour Marine, Inc. v. Fickett
  484 So. 2d 1250· Fla. 1st DCA· 1981-09-18 ·cited 12×
  Sag Harbour Marine appealed from a judgment dissolving a prejudgment writ of replevin and awarding possession of an unfinished sailboat to the Ficketts, along with attorney's fees. The appellate court reversed, holding that the trial court misinterpreted the parties' contract and
• Allstar Builders Corp., Inc. v. Zimmerman
  706 So. 2d 92· Fla. 3d DCA· 1998-02-18 ·cited 11×
  Allstar Builders sought review of a trial court's award of appellate attorney's fees to Zimmerman following an interlocutory appeal. The court reversed, holding that appellate fees cannot be awarded until the prevailing party in the interlocutory appeal is also the ultimate preva
• McMURRAIN v. Fason
  573 So. 2d 915· Fla. 1st DCA· 1990-12-19 ·cited 10×
  Scott McMurrain challenges a prejudgment writ of replevin issued by the trial court in favor of Stewart Fason to recover inventory from McMurrain's computer store. The appellate court reversed, holding that Fason failed to present competent evidence at the motion-to-dissolve hear
• Waite Aircraft Corp. v. Ford Motor Credit Co.
  430 So. 2d 1003· Fla. 4th DCA· 1983-05-11 ·cited 10×
  Waite Aircraft Corp. and its owners appealed the denial of their motion to dissolve a prejudgment writ of replevin issued by Ford Motor Credit Company to recover leased heavy equipment. The court affirmed the writ's issuance but remanded for an evidentiary hearing to determine th
• Hutchens v. Maxicenters
  541 So. 2d 618· Fla. 5th DCA· 1988-04-21 ·cited 8×
  Hutchens appeals a non-final order denying his motion to dissolve a prejudgment replevin writ for a Mercedes automobile. The appellate court affirmed that Maxicenters established a prima facie right to possession and that venue was proper, but reversed the trial court's replevin
• ITT Commercial Fin. Corp. v. DDD Appliance Serv. & Sales, Inc.
  509 So. 2d 341· Fla. 2d DCA· 1987-05-20 ·cited 6×
  The court held that a secured creditor is entitled to prejudgment replevin when a debtor defaults, even if the creditor fails to prove every allegation in its complaint.
• Int'l Fid. Ins. Co. v. Prestige Rent-A-Car, Inc.
  715 So. 2d 1025· Fla. 5th DCA· 1998-07-24 ·cited 5×
  International Fidelity Insurance Company, as surety on a replevin bond, appeals orders requiring it to pay on the bond and reimburse attorneys' fees after leased automobiles were replevied and later sold. The court affirmed, holding that the surety's liability is established by t
• Kalman v. World Omni Fin. Corp.
  651 So. 2d 1249· Fla. 2d DCA· 1995-03-10 ·cited 5×
  Joseph Kalman appeals a prejudgment writ of replevin issued to World Omni Financial Corporation to recover a leased automobile following Kalman's breach of the lease agreement. The court reversed, holding that World Omni failed to satisfy the statutory requirements for issuing a
• Transtar Corp. v. Intex Rec. Corp.
  570 So. 2d 366· Fla. 4th DCA· 1990-11-07 ·cited 5×
  Affirmed denial of motion to dissolve prejudgment writ of replevin; replevin lies under Fla. Stat. § 78.068 when defendant fails to pay for goods, without requiring seller to hold a security interest.
• Traces Fashion Grp., Inc. v. C & C Mgmt., Inc.
  763 So. 2d 502· Fla. 3d DCA· 2000-07-19 ·cited 4×
  Traces Fashion Group and individual defendants appealed a summary judgment awarding possession of property to C & C Management in a replevin action. The court reversed, holding that summary judgment was improper because material factual issues remained regarding the ordinary repl
• Allstar Builders Corp., Inc. v. Zimmerman
  699 So. 2d 257· Fla. 3d DCA· 1997-08-06 ·cited 4×
• NEW Holland, Inc. v. Trunk
  511 So. 2d 746· Fla. 5th DCA· 1987-08-27 ·cited 4×
  The court held that venue cannot be transferred from a county where replevin is properly brought, even if other claims exist, if the replevin action is not yet concluded.
• Meireles Truck Sales, Inc. v. Industria del Autobus
  555 So. 2d 1253· Fla. 3d DCA· 1989-12-05 ·cited 2×
  Florida appellate court reversed trial court's denial of motion to dissolve prejudgment writ of replevin, holding that defendant was entitled to a hearing on the merits under Fla. Stat. § 78.068(6) rather than being forced to post a bond.
• People's Tel. Co. v. Sunshine Payphones, Inc.
  519 So. 2d 690· Fla. 4th DCA· 1988-02-03 ·cited 2×
  People's Telephone Company appealed an order granting a temporary injunction requiring return of four telephones and twenty-eight keys to Sunshine Payphones without posting the bond required by Florida's replevin statute. The court reversed the injunction as to the telephones but
• Belvant v. Cohen
  346 So. 3d 1267· Fla. 3d DCA· 2022-09-07 ·cited 1×
  The appellate court reversed a trial court's order awarding attorney's fees to a defendant who had a prejudgment writ of replevin vacated. The court held that under Florida Statute section 78.20, a defendant must not only have the writ dissolved but also prevail in the underlying
• Medina v. Star Holding Co. NO. 1, Inc.
  588 So. 2d 1032· Fla. 3d DCA· 1991-11-05 ·cited 1×
  Florida appellate court affirmed that a pledgee of stock certificates under a pledge agreement has sufficient rights to obtain a prejudgment writ of replevin when the pledgor is dissipating the stock's value.
• Unicorn Star, Inc. v. LA Corrida Restaurante, Inc.
  591 So. 2d 271· Fla. 4th DCA· 1991-10-16 ·cited 1×
• New Venture of Destin, LLC v. Silver Shells Prop. Owners Ass'n, Inc.
  Fla. 1st DCA· 2025-12-23
  An order granting summary judgment on some counts of a multi-count complaint, while expressly withholding entry of final judgment pending resolution of remaining claims, is not appealable as a non-final order under Florida Rule of Appellate Procedure 9.130(a)(3)(B) or (C)(ii) bec
• Belvant v. Cohen
  Fla. 3d DCA· 2025-11-19
  Belvant appeals the trial court's dismissal with prejudice of his replevin count against third-party defendants who wrongfully detained a taxi permit co-owned with Cohen. The appellate court reversed, holding that Belvant was not required to join his co-owner Cohen as a plaintiff
• Kehoe v. Kehoe
  Fla. 2d DCA· 2023-12-27
  A trial court may deny a prejudgment writ of replevin when the plaintiff fails to meet statutory requirements under Florida Statutes sections 78.065 and 78.067, but such denial does not preclude the plaintiff's right to pursue ordinary replevin and obtain a final adjudication on
• Offs. at Grand Bay Plaza Condo. Ass'n, Inc. v. Grove at Grand Bay Condo. Ass'n, Inc.
  Fla. 3d DCA· 2023-11-22
  A temporary injunction is defective and reversible when the trial court fails to set a bond as required by Florida Rule of Civil Procedure 1.610(b), and on remand the court must set an appropriate bond after providing all parties an opportunity to present evidence on the proper a
• Pncef, LLC v. S. Aviation, Inc.
  60 So. 3d 1120· Fla. 4th DCA· 2011-05-11
  A lender sought a prejudgment writ of replevin to recover four aircraft wrongfully detained by a lessee in Broward County. The circuit court denied the motion, but the appellate court reversed, holding that the lender satisfied all statutory requirements for obtaining a prejudgme
• Prism Educ. Sys., Inc. v. Quest Achievement Corp.
  51 So. 3d 1262· Fla. 4th DCA· 2011-01-26
  Prism Educational Systems appealed the trial court's dismissal of its motion for a show cause hearing and prejudgment writ of replevin. The appellate court reversed, holding that because Prism's amended complaint adequately alleged all statutory requirements under Florida Statute
• Tokay Towing & Recovery, Inc. v. Kronen
  906 So. 2d 1269· Fla. 2d DCA· 2005-07-29
  Tokay Towing successfully defended a replevin action brought by Dr. Kronen and appealed the trial court's denial of two damages claims in its counterclaim. The court reversed the denial of Tokay's claim against the replevin bond, finding it was premature, but affirmed the denial
• Miller v. Bieluch
  825 So. 2d 427· Fla. 4th DCA· 2002-06-19
  Miller seeks a writ of mandamus challenging the sheriff's authority to return furniture seized under a search warrant to the lessor Pollack, arguing the sheriff circumvented bond requirements for prejudgment replevin. The court upholds the sheriff's actions under Florida Statute
• Ilkka Jalaskari v. The Bank OF Nova Scotia
  802 So. 2d 1220· Fla. 2d DCA· 2002-01-11
  Ilkka Jalaskari appeals a summary judgment denying him damages for wrongful replevin of his vessel by Bank of Nova Scotia. The court reverses, holding that a party whose property is wrongfully replevied is entitled to damages for the entire period of wrongful possession, not limi
• Lennox Retail, Inc. v. McMILLAN
  786 So. 2d 1252· Fla. 5th DCA· 2001-06-15
  Lennox Retail, Inc. and related corporations appealed the trial court's order dissolving a prejudgment writ of replevin that had been issued to recover documents from former business owners. The appellate court affirmed the dissolution, holding that the writ was erroneously grant
• KDC Fin. Corp. v. Am. Rock, Inc.
  578 So. 2d 757· Fla. 3d DCA· 1991-04-02
  The court held that the trial court erred in dissolving a prejudgment writ of replevin when the evidence showed the defendant was in default on an installment sales contract.
• Daytona Imports, Inc. v. Bloom
  528 So. 2d 138· Fla. 4th DCA· 1988-07-20
• Hon Cheung and Bemilda Ayon v. Maximo Leon and Wan S. Leon
  485 So. 2d 41· Fla. 2d DCA· 1986-03-19