Florida Statutes § 78.02 — What may not be taken by replevin.
Search Florida StatutesFrom the Legislature's 2026 edition, which includes changes effective through January 1, 2027. Later effective dates are retained in each section's source notes.
No replevin shall lie:
(1) For any property taken by virtue of any warrant for the collection of any tax, assessment, or fine pursuant to any statute;
(2) For defendant in any execution or attachment to recover goods and chattels seized by virtue thereof unless such goods and chattels are exempt from the execution or attachment;
(3) By the original defendant in replevin for property taken in replevin and delivered to plaintiff while it remains in the possession of the original plaintiff or his or her agents.
(4) For any person unless that person has a right to reduce the goods taken into his or her possession.
History
History.—ss. 2, 3, Mar. 11, 1845; s. 4, ch. 1099, 1861; ch. 1938, 1873; ch. 2040, 1875; RS 1708; GS 2172; RGS 3477; CGL 5330; s. 28, ch. 67-254; s. 1, ch. 73-20; s. 402, ch. 95-147.
Source captured on 2026-10-10. Read the official chapter.