CELESTLNE A. LAZZARI, APPELLANT,
v.
JOSEPH GORDON, D/B/A PARKVIEW POINT APARTMENTS, APPELLEE
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The appellate court affirmed a replevin action's denial but remanded for a recalculation of the judgment amount. The original judgment for the full value of the property was excessive because it should have been limited to the amount of rent owed, as per Florida statutes.
The judgment in a replevin action where the defendant has a lien for rent should be limited to the amount of the lien (rent due), not the full value of the property.
“As provided in §§ 78.19 and 78.21 of chapter 78 Fla.Stat., F.S.A., relating to replevin, the judgment should have been "only for the amount of the lien," that is, in this instance for the amount of rent then due.”
This quote explains the legal basis for limiting the judgment amount in replevin actions involving liens.
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Join FLexlaw to unlock all legal intelligenceAppellant sued to replevy personal property valued at $2,500, posting the required bond. The trial court denied replevin and entered a judgment for th…
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Appellant sued to replevy certain personal property which she valued at $2,500, posting bond as required by law. The action resulted in a denial of replevin, and a judgment granted to the defendant in the amount of $2,500. The defendant’s interest in the personal property involved was based on a claim of lien thereon for rent. As provided in §§ 78.19 and 78.21 of chapter 78 Fla.Stat., F.S.A., relating to replevin, the judgment should have been “only for the amount of the lien,” that is, in this instance for the amount of rent then due. The cause is remanded to the trial court with direction to determine the amount of rent which had accrued and was owing to the defendant on the date of the judgment appealed from, and to reduce the judgment to that amount. In other respects the judgment of the trial court is affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
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Lease Fin. Corp. v. Nat'l Commuter Airlines, Inc., 462 So. 2d 564 (Fla. 3d DCA 1985)…er, Inc. v. Ettlinger, 382 So. 2d 27 (Fla. 1st DCA 1979), appeal after remand, 421 So. 2d 656 (Fla. 1st DCA 1982); Modine Manufacturing Co. v. Israel, 294 So. 2d 369 (Fla. 3d DCA), cert. denied, 303 So. 2d 644 (Fla.1974). See also Lazzari v. Gordon, 214 So. 2d 102 (Fla. 3d DCA 1968). This case, however, is at the prejudgment stage.3 An order upholding or dissolving a prejudgment writ of replev-in following a hearing held pursuant to section 78.068(6), is not a final determination of ownership, but merely dete…
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Int'l Harvester Credit Corp. & Fla. Truck & Tractor Co. v. Am. Nat'l Bank OF Jacksonville, 296 So. 2d 32 (Fla. 1974)…property who had failed to record his interest by timely filing his financing statement on the contract. Fla.Stat. § 78.175(1), F.S.A., spells out that the judgment shall be only for the lien or value of such special interest and Lazzari v. Gordon, 214 So. 2d 102 (Fla.App. 3d 1968), so holds. The result of a replevin as to separate interests in the same chattels is not so clear in the instance of a judgment for a plaintiff when the goods have not been retained or redelivered to defendant. F.S. § 78.165 (197…
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Modine Mfg. Co. v. Israel, 294 So. 2d 369 (Fla. 3d DCA 1974)…award is also thereby qualified by the requirement in Fla.Stat. § 78.19(1) that it be only for the amount of his special interest in the goods. See State ex rel. O’Hara v. Justice, Fla.1959, 109 So. 2d 761. See also Lazzari v. Gordon, Fla.App.1968, 214 So. 2d 102. The judgment appealed is affirmed in part and reversed in part and the cause is remanded for a trial to determine the value of the defendants’ special equity in the goods replevied. Affirmed in part and reversed in part and remanded.…
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