DAVID DEMETREE, AS TRUSTEE, APPELLANT/CROSS-APPELLEE,
v.
JACK STRAMONDO D/B/A ST. AUGUSTINE RESTAURANT EQUIPMENT, APPELLEE/CROSS-APPELLANT
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COBB, Judge.
The final judgment is affirmed except to the extent that it denies the prevailing defendant below an alternative judgment. In a replevin action, where the plaintiff holds the property but the defendant prevails, the defendant is entitled to an election to recover possession of the property or to satisfy a judgment against the plaintiff and its surety for the value of the property and costs. See §§ 78.19, 78.20, 78.21, Fla.Stat. See e.g., State ex rel. O’Hara v. Justice, 109 So. 2d 761 (Fla.1959); Modine Manufacturing Co. v. Israel, 294 So. 2d 369 (Fla. 3d DCA 1974), cert. denied, 303 So. 2d 644 (Fla.1974); Cecil Holland Ford, Inc. v. Jameson, 132 So. 2d 621 (Fla. 3d DCA 1961). We remand for entry of a corrected judgment.
AFFIRMED IN PART; REVERSED IN PART; REMANDED.
DAUKSCH and PETERSON, JJ., concur.
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Amendments to the Florida Rules of Civil Procedure, 773 So. 2d 1098 (Fla. 2000)…orida Statutes, paragraphs 1 and 2 of the form provide the plaintiff the option of obtaining either a writ of possession or execution against the defendant and defendant’s surety on a money judgment for property not recovered. Demetree v. Stramondo, 621 So. 2d 740 (Fla. 5th DCA 1993). If the plaintiff elects the writ of possession for the property and the sheriff is unable to find it or part of it, the plaintiff may immediately have execution against the defendant for the whole amount recovered or the amount…1 / 2
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In re Implementation of Comm. on Privacy & Court Records Recommendations-Amendments to the Fla. Rules of Civil Procedure, 78 So. 3d 1045 (Fla. 2011)…orida Statutes, paragraphs 1 and 2 of the form provide the plaintiff the option of obtaining either a writ of possession or execution against the defendant and defendant’s surety on a money judgment for property not recovered. Demetree v. Stramondo, 621 So. 2d 740 (Fla. 5th DCA 1993). If the plaintiff elects the writ of possession for the property and the sheriff is unable to find it or part of it, the plaintiff may immediately have execution against the defendant for the whole amount recovered or the amount…1 / 2
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In re Amendment TO Fla. Rules OF Civil Procedure-Final Judgment OF Replevin Forms 1.995(a)-(d), 723 So. 2d 180 (Fla. 1998)…orida Statutes, paragraphs 1 and 2 of the form provide the plaintiff the option of obtaining either a writ of possession or execution against the defendant and defendant’s surety on a money judgment for property not recovered. Demetree v. Stramondo, 621 So. 2d 740 (Fla. 5th DCA 1993). If the plaintiff elects the writ of possession for the property and the sheriff is unable to find it or part of it, the plaintiff may immediately have execution against the defendant for the whole amount recovered or the amount…1 / 2
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Staggers v. Gateway Erectors, 303 So. 2d 644 (Fla. 1974)
- State ex rel. William O'Hara v. Justice, 109 So. 2d 761 (Fla. 1959)
- Modine Mfg. Co. v. Israel, 294 So. 2d 369 (Fla. 3d DCA 1974)
- Cecil Holland Ford, Inc. v. Jameson, 132 So. 2d 621 (Fla. 3d DCA 1961)