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Florida Statutes, Title VI

Florida/Statutes

← All Florida coverage

Title VI, Civil Practice and Procedure

36 chapters · 798 sections in this title.

All chapters in Title VI798 Ch 61, Dissolution of Marriage; Support; Ti…128 Ch 88, Uniform Interstate Family Support Act78 Ch 83, Landlord and Tenant75 Ch 63, Adoption51 Ch 48, Process and Service of Process38 Ch 55, Judgments36 Ch 68, Miscellaneous Proceedings34 Ch 56, Final Process28 Ch 76, Attachment27 Ch 73, Eminent Domain26 Ch 77, Garnishment25 Ch 64, Partition of Property23 Ch 47, Venue20 Ch 78, Replevin19

798 sections·Filtered byTitle VI✕

Fla. Stat. § 56.16 Executions; claims of third parties to property levied on
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If any person, including a person to whom a Notice to Appear has been issued pursuant to s. 56.29(2), other than the judgment debtor claims any property levied on, he or she may obtain possession of the property by filing with the officer having the execution an affidavit by the …
Fla. Stat. § 56.17 Executions; duty of officer on claim of third person being filed
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On receipt of the bond and affidavit the officer shall deliver the property to the claimant and desist from any further proceedings under the execution until the right of property is tried. The officer shall return the execution to the court from which it issued with the affidavi…
Fla. Stat. § 56.18 Executions; trial of claims of third persons
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As soon as possible after the return, or after service of a Notice to Appear pursuant to s. 56.29(2), a jury, if not waived, shall be impaneled to try the right of property. If the verdict is in favor of the judgment creditor and it appears that the claim brought pursuant to s. 5…
Fla. Stat. § 56.19 Judgments upon claims of third persons
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Upon the verdict of the jury, the court shall enter judgment deciding the right of property, and if the verdict is for the judgment creditor, awarding a recovery by the judgment creditor from the claimant and the claimant’s sureties, of the value (as fixed by the officer, or as f…

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Fla. Stat. § 56.20 Executions on judgments against third person claimants

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If the execution issued on the judgment is not paid, it shall be satisfied in the usual manner unless on demand of the officer holding it, the principal and surety in the claim bond deliver the property released under the claim bond to the officer and pay him or her the damages a…

Fla. Stat. § 56.21 Execution sales; notice

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Notice of all sales under execution shall be given by advertisement once each week for 4 successive weeks in a newspaper published in the county in which the sale is to take place. The time of such notice may be shortened in the discretion of the court from which the execution is…

Fla. Stat. § 56.22 Execution sales

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(1) All sales of property under legal process shall take place at the time, date, and place advertised in the notice of the sheriff’s sale on any day of the week except Saturday and Sunday and shall continue from day to day until such property is disposed of.(2) Property not effe…

Fla. Stat. § 56.25 Execution sale; bill of sale or deed

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When a sale is made under an execution, the officer making the sale shall execute and deliver to the purchaser a deed or bill of sale to the property on payment of the purchase money and the cost of the deed or bill of sale.History.—s. 6, Feb. 17, 1833; RS 1205; GS 1634; RGS 2838…

Fla. Stat. § 56.26 Executions; mandamus to force levy and sale

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When an officer holds an unsatisfied execution and refuses to levy on property liable thereunder and on which it is his or her duty to levy or having levied, refuses to advertise and sell the property levied on, the judgment creditor is entitled to an alternative writ of mandamus…

Fla. Stat. § 56.27 Executions; payment of money collected

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(1) All money received under executions shall be paid, in the order prescribed, to the following: the sheriff, for costs; the levying creditor in the amount of $500 as liquidated expenses; and the priority lienholder under s. 55.10(1) and (2), s. 55.202, s. 55.204(3), or s. 55.20…

Fla. Stat. § 56.275 Disposition of unclaimed money collected

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All unclaimed proceeds from sheriff’s sales or money collected under execution shall be disposed of as provided in s. 116.21.History.—s. 9, ch. 79-396; s. 7, ch. 82-118.

Fla. Stat. § 56.28 Executions; failure of officer to pay over moneys collected

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If any officer collecting money under execution fails or refuses to pay it over within 30 days after it has been received by him or her, or within 10 days after demand by the levying creditor or the levying creditor’s attorney of record made in writing and delivered during regula…

Fla. Stat. § 56.29 Proceedings supplementary

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(1) When any judgment creditor holds an unsatisfied judgment or judgment lien obtained under chapter 55, the judgment creditor may file a motion and an affidavit so stating, identifying, if applicable, the issuing court, the case number, and the unsatisfied amount of the judgment…

Fla. Stat. § 56.30 Discovery in proceedings supplementary

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(1) In addition to any other discovery permitted under the rules of civil procedure, on the judgment creditor’s motion the court shall require the judgment debtor to appear before it or a general or special magistrate at a time and place specified by the order in the county of th…

Fla. Stat. § 57.021 Costs; taxing

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The clerk or the judge shall tax the costs accruing in each action when it is determined and shall keep a duplicate of the costs bill on file among the original papers in the action. Each item of costs shall be enumerated in the bill.History.—ss. 5, 6, ch. 78, 1847; RS 1302; GS 1…

Fla. Stat. § 57.031 Costs; record

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All officers who are allowed to charge fees and costs shall keep a book in which they shall record an itemized account of all the costs and fees which they charge against parties having business with them. The book shall be open at all times for inspection of parties wishing to e…

Fla. Stat. § 57.041 Costs; recovery from losing party

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(1) The party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment; but this section does not apply to executors or administrators in actions when they are not liable for costs.(2) Costs may be collected by execution on …

Fla. Stat. § 57.051 Costs; prohibition against unlawful exaction

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(1) PROHIBITION.—No officer shall make two charges for the same official act or service, nor charge for any constructive service. No fee shall be charged for any official service performed or claimed to be performed by any officer unless the fee is specifically authorized and its…

Fla. Stat. § 57.061 Costs; recovery of illegally exacted; procedure

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(1) SUMMARY PROCEEDINGS.—Any person aggrieved by any charge for costs by any officer may have its correctness determined by a court and jury by giving 5 days’ notice to the officer making the charge, stating in the notice the time and place of trial. The judge shall enter the act…

Fla. Stat. § 57.071 Costs; what taxable

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(1) If costs are awarded to any party, the following shall also be allowed:(a) The reasonable premiums or expenses paid on all bonds or other security furnished by such party.(b) The expense of the court reporter for per diem, transcribing proceedings and depositions, including o…

Fla. Stat. § 57.081 Costs; right to proceed where prepayment of costs and payment of filing fees waived

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(1) Any indigent person, except a prisoner as defined in s. 57.085, who is a party or intervenor in any judicial or administrative agency proceeding or who initiates such proceeding shall receive the services of the courts, sheriffs, and clerks, with respect to such proceedings, …

Fla. Stat. § 57.082 Determination of civil indigent status

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(1) APPLICATION TO THE CLERK.—A person seeking appointment of an attorney in a civil case eligible for court-appointed counsel, or seeking relief from payment of filing fees and prepayment of costs under s. 57.081, based upon an inability to pay must apply to the clerk of the cou…

Fla. Stat. § 57.085 Deferral of prepayment of court costs and fees for indigent prisoners

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(1) For the purposes of this section, the term “prisoner” means a person who has been convicted of a crime and is incarcerated for that crime or who is being held in custody pending extradition or sentencing.(2) When a prisoner who is intervening in or initiating a judicial proce…

Fla. Stat. § 57.104 Computation of attorney fees

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(1) In any action in which attorney fees are to be determined or awarded by the court, the court shall consider, among other things, time and labor of any legal assistants who contributed nonclerical, meaningful legal support to the matter involved and who are working under the s…

Fla. Stat. § 57.105 Attorney’s fee; sanctions for raising unsupported claims or defenses; exceptions; service of motions; damages for delay of litigation

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(1) Upon the court’s initiative or motion of any party, the court shall award a reasonable attorney’s fee, including prejudgment interest, to be paid to the prevailing party in equal amounts by the losing party and the losing party’s attorney on any claim or defense at any time d…

Fla. Stat. § 57.106 Recovery of attorney fees and costs in certain disputes regarding property rights

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(1) For the purposes of this section, the term “property rights” includes, but is not limited to, use rights, ingress and egress rights, and those rights incident to land bordering upon navigable waters as described in s. 253.141.(2) In a civil action brought against the owner of…

Fla. Stat. § 57.111 Civil actions and administrative proceedings initiated by state agencies; attorneys’ fees and costs

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(1) This section may be cited as the “Florida Equal Access to Justice Act.”(2) The Legislature finds that certain persons may be deterred from seeking review of, or defending against, unreasonable governmental action because of the expense of civil actions and administrative proc…

Fla. Stat. § 57.112 Attorney fees and costs and damages; arbitrary, unreasonable, or expressly preempted local ordinances

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(1) As used in this section, the term “attorney fees and costs” means the reasonable and necessary attorney fees and costs incurred for all preparations, motions, hearings, trials, and appeals in a proceeding.(2) If a civil action is filed against a local government to challenge …

Fla. Stat. § 57.115 Execution on judgments; attorney’s fees and costs

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(1) The court may award against a judgment debtor reasonable costs and attorney’s fees incurred thereafter by a judgment creditor in connection with execution on a judgment.(2) In determining the amount of costs, including attorney’s fees, if any, to be awarded under this section…

Fla. Stat. § 59.04 Appeal from order granting new trial

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Upon the entry of an order granting a new trial, the party aggrieved may prosecute an appeal to the proper appellate court without waiting for final judgment. If the judgment is reversed, the appellate court may direct that final judgment be entered in the trial court for the par…

Fla. Stat. § 59.041 Harmless error; effect

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No judgment shall be set aside or reversed, or new trial granted by any court of the state in any cause, civil or criminal, on the ground of misdirection of the jury or the improper admission or rejection of evidence or for error as to any matter of pleading or procedure, unless …

Fla. Stat. § 59.06 Matters reviewable on appeal

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(1) WHAT MAY BE ASSIGNED AS ERROR.—All judgments and orders made in any action wherein the trial court:(a) May allow or refuse to allow any motion:1. For a new trial or rehearing,2. For leave to amend pleadings,3. For leave to file new or additional pleadings,4. To amend the reco…

Fla. Stat. § 59.081 Time for invoking appellate jurisdiction of any court

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(1) The time within which and the method by which the jurisdiction of any court in this state possessed of power to review the action of any other court, commission, officer or bureau may be invoked by appeal, certiorari, petition for review or other process by whatever name desi…

Fla. Stat. § 59.13 Supersedeas on petition for certiorari

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When it appears to the trial court that a petition for certiorari has been or is about to be applied for in an appellate court, the trial court may grant a supersedeas upon petitioner giving a good and sufficient bond, conditioned that the petition shall be duly presented to the …

Fla. Stat. § 59.15 Proceedings in pais; authentication

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Proceedings in pais, not stenographically reported, may be authenticated by recitals in orders, judgments, or decrees, of the trial court, or of the judge thereof, or by a stipulation by the interested parties.History.—s. 68, Nov. 23, 1828; s. 1, ch. 138, 1848; RS 1268; GS 1696; …

Fla. Stat. § 59.29 Amendment of appellate proceedings

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The appellate court may, at any time, in the furtherance of justice, upon such terms as may be just, permit appellate proceedings to be amended.History.—s. 2, ch. 11890, 1927; CGL 4636; s. 29, ch. 22854, 1945.

Fla. Stat. § 59.33 Quashing appeals; power of appellate court

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Appellate courts shall have power to quash appeals in all cases in which appeals do not lie, or where they are taken against good faith or merely for delay, and may decree in such case damages against the appellant not exceeding 10 percent.History.—s. 13, Feb. 10, 1832; s. 50, ch…

Fla. Stat. § 59.35 Judgment; power of appellate court to direct a new trial upon one or more issues

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An appellate court may, in reversing a judgment of a lower court brought before it for review by appeal, by the order of reversal, if the error for which reversal is sought is such as to require a new trial, direct that a new trial be had on all the issues shown by the record or …

Fla. Stat. § 59.45 Misconception of remedy; Supreme Court

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If an appeal be improvidently taken where the remedy might have been more properly sought by certiorari, this alone shall not be a ground for dismissal; but the notice of appeal and the record thereon shall be regarded and acted on as a petition for certiorari duly presented to t…

Fla. Stat. § 59.46 Attorney’s fees

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In the absence of an expressed contrary intent, any provision of a statute or of a contract entered into after October 1, 1977, providing for the payment of attorney’s fees to the prevailing party shall be construed to include the payment of attorney’s fees to the prevailing part…

Fla. Stat. § 60.01 Injunction; against levy of execution issued against another than the plaintiff

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When real estate is levied on, or an attempt to sell it under any execution or other process issued is made, or an attempt to sell it as the property of another person is made, chancery courts have jurisdiction to enjoin the sale on the application of the owner in possession of t…

Fla. Stat. § 60.03 Injunction against removal of mortgaged personal property

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The removal from the state of any personal property mortgaged to secure a debt which has not matured at the time of the removal may be enjoined by any chancery court within whose territorial jurisdiction the property is located.History.—RS 1472; GS 1920; RGS 3182; CGL 4974; s. 15…

Fla. Stat. § 60.04 Injunction; sureties on bond of fiduciaries may restrain disposition of principal’s property

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When actions are commenced on the bond of any executor, administrator, guardian or trustee, or for an accounting, the surety on the bond may apply to the court in which the action is pending, if in chancery, or if the action is at law, then to any chancery court having jurisdicti…

Fla. Stat. § 60.05 Abatement of nuisances

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(1) When any nuisance as defined in s. 823.05 exists, the Attorney General, state attorney, city attorney, county attorney, sheriff, or any citizen of the county may sue in the name of the state on his or her relation to enjoin the nuisance, the person or persons maintaining it, …

Fla. Stat. § 60.06 Abatement of nuisances; enforcement

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The court shall make such orders on proper proof as will abate all nuisances mentioned in s. 823.05, and has authority to enforce injunctions by contempt but the jurisdiction hereby granted does not repeal or alter s. 823.01.History.—s. 5, ch. 7367, 1917; RGS 3227; CGL 5033; s. 1…

Fla. Stat. § 60.07 Assessment of damages after dissolution

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In injunction actions, on dissolution, the court may hear evidence and assess damages to which a defendant may be entitled under any injunction bond, eliminating the necessity for an action on the injunction bond if no party has requested a jury trial on damages.History.—ss. 1, 3…

Fla. Stat. § 60.08 Injunctions sought by the state pursuant to statute shall issue without bond

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In any action for injunctive relief sought by the state or one of its agencies as provided in ss. 501.207(1)(b), 542.23, and 895.05(5), any injunction sought shall issue without bond or surety and no bond or surety shall be required during the term of the injunction.History.—s. 5…

Fla. Stat. § 61.001 Purpose of chapter

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(1) This chapter shall be liberally construed and applied.(2) Its purposes are:(a) To preserve the integrity of marriage and to safeguard meaningful family relationships;(b) To promote the amicable settlement of disputes that arise between parties to a marriage; and(c) To mitigat…

Fla. Stat. § 61.011 Dissolution in chancery

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Proceedings under this chapter are in chancery.History.—s. 1, Oct. 31, 1828; RS 1477; GS 1925; RGS 3188; CGL 4980; s. 2, ch. 29737, 1955; s. 16, ch. 67-254; s. 2, ch. 71-241.Note.—Former s. 65.01.

Fla. Stat. § 61.021 Residence requirements

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To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition.History.—s. 1, ch. 522, 1853; RS 1478; s. 1, ch. 4726, 1899; GS 1926; RGS 3189; CGL 4981; s. 1, ch. 16009, 1933; s. 1, ch. 16975, 1935; s. 1…