Wrongful Replevin

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

• Un2jc AIR 1, LLC v. Whittington
  324 So. 3d 1· Fla. 4th DCA· 2021-06-30 ·cited 26×
  UN2JC sued World Jet, Inc. for conversion of a Learjet aircraft that was retaken without authorization. The trial court granted summary judgment to World Jet based on the independent tort doctrine, holding that the conversion claim was barred because it arose from the same facts
• Modine Mfg. Co. v. ABC Radiator, Inc.
  367 So. 2d 232· Fla. 3d DCA· 1979-01-16 ·cited 24×
  Modine Manufacturing Company appealed from a jury verdict awarding damages to ABC Radiator and Blizzard Diagnostic Systems for wrongful replevin. The court reversed, holding that the trial court improperly permitted a counterclaim for damages based on tortious interference with b
• Auto-Owners Ins. Co. v. Hooks
  463 So. 2d 468· Fla. 1st DCA· 1985-02-07 ·cited 21×
  Auto-Owners Insurance Company appealed a jury verdict awarding compensatory and punitive damages to Eugene James Hooks and Var Heyl Lincoln-Mercury for wrongful replevin of an automobile. The court reversed the punitive damages awards to both parties and reversed all damages to V
• 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
• Sandy Isles OF Miami, Inc. v. Futernick
  154 So. 2d 355· Fla. 3d DCA· 1963-05-21 ·cited 7×
  The court held that a counterclaim in a replevin action cannot include claims for damages independent of the replevin action, such as breach of contract.
• 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
• 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.
• Credit Alliance Corp. v. Timmco Equip., Inc.
  457 So. 2d 1102· Fla. 4th DCA· 1984-10-03 ·cited 2×
  Credit Alliance Corporation appealed from a bench trial judgment denying its replevin action and awarding damages to equipment buyer Timmco Equipment. The appellate court reversed, finding Timmco was in default despite the trial court's contrary finding, and remanded for reconsid
• 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
• Hock IT TO ME Paun, Inc. v. Parker
  591 So. 2d 1145· Fla. 5th DCA· 1992-01-10
  In this replevin action, the court ordered return of jewelry belonging to a corporation upon posting of a $50,000 bond and required the corporation to maintain detailed sales records. When the corporation failed to maintain proper records before going out of business, the trial c