KAREN MEARS, PETITIONER,
v.
AMANDA LAMB, RESPONDENT
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Karen Mears sought replevin of property, and the county court issued a final judgment denying her claim. The Florida First District Court of Appeal granted her petition for writ of certiorari, holding that a replevin hearing concerns only preliminary determination of possession pending litigation and cannot result in final adjudication on the merits.
The court held that a hearing on the issue of possession during the pendency of a replevin action cannot lead to a final adjudication on the merits. By prematurely adjudicating the merits and issuing a final judgment based on a preliminary proceeding, the county court denied petitioner's right to due process.
[1] A preliminary hearing on possession in a replevin action cannot result in a final adjudication on the merits.
[2] Issuing a final judgment based on a preliminary possession hearing in a replevin action violates due process.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“As both the language of the statute and case law make clear, a hearing on the issue of possession during the pendency of a replevin action cannot lead to a final adjudication on the merits.”
Establishes the core legal principle that replevin hearings are preliminary only and cannot adjudicate claims on the merits.
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Join FLexlaw to unlock all legal intelligenceMears filed a replevin action to recover property. The county court issued a Replevin Order to Show Cause under Florida Statutes section 78.067(2), di…
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In petitioner’s action seeking replevin of property, the county court issued a Re-plevin Order to Show Cause, directing defendant to show cause why the property should not be delivered to petitioner “pending final adjudication of the claims of the parties” under section 78.067(2), Florida Statutes (1979). After the hearing, the county court issued a Final Judgment Denying Replevin, denying petitioner’s six causes of action.
Petitioner filed a direct appeal in circuit court, challenging the county court’s factual findings, and contending that the county court had erred as a matter of law by issuing a final judgment when the statute authorized only a preliminary determination of possession during the pendency of the litigation. The circuit court affirmed, stating that it would not disturb the county court’s factual determinations.
As both the language of the statute and case law make clear, a hearing on the issue of possession during the pen-dency of a replevin action cannot lead to a final adjudication on the merits. See Weigh Less for Life, Inc. v. Barnett Bank of Orange Park, 399 So.2d 88 (Fla. 1st DCA 1981); JB Int’l, Inc. v. Mega Flight, Inc., 840 So.2d 1147 (Fla. 5th DCA 2003); Brown v. Reynolds, 872 So.2d 290 (Fla. 2d DCA 2004); Keybank Nat’l Ass’n, Inc. v. Passport Marine, Inc., 76 So.3d 1137 (Fla. 4th DCA 2012); Coastal Palms Holdings, LLC v. Paxton, 2013 WL 811479 (Fla. 2d DCA 2013).
By prematurely adjudicating the merits of this case and issuing a final judgment, based upon a proceeding that was preliminary in nature, the county court denied petitioner’s right to due process. Because the circuit court was thus obligated to reverse and remand, its affirmance constitutes a violation of a clearly By prematurely adjudicating the merits of this case and issuing a final judgment, based upon a proceeding that was preliminary in nature, the county court denied petitioner’s right to due process. Because the circuit court was thus obligated to reverse and remand, its affirmance constitutes a violation of a clearly established principle of law resulting in a miscarriage of justice. See Miami-Dade County v. Omnipoint Holdings, Inc., 863 So.2d 195 (Fla.2003).
We GRANT the petition for writ of cer-tiorari.
PADOVANO, ROBERTS, and CLARK, JJ., concur.
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Authorities Cited
- Miami-Dade Cnty. v. Omnipoint Holdings, Inc., 863 So. 2d 195 (Fla. 2003)
- Weigh Less FOR Life, Inc. v. Barnett Bank OF Orange Park, 399 So. 2d 88 (Fla. 1st DCA 1981)
- Brown v. Reynolds, 872 So. 2d 290 (Fla. 2d DCA 2004)
- JB Int'l, Inc. v. Mega Flight, Inc., 840 So. 2d 1147 (Fla. 5th DCA 2003)
- Razek Turkmany v. City OF W. Palm Beach, 76 So. 3d 1137 (Fla. 4th DCA 2012)
- Keybank Nat'l Ass'n, Inc. v. Passport Marine, Inc., 76 So. 3d 1137 (Fla. 4th DCA 2012)