(1) The defendant by motion may obtain the dissolution of a writ of attachment unless the plaintiff proves the grounds upon which the writ was issued and a reasonable probability that the final judgment in the underlying action will be rendered in the plaintiff’s favor. The court shall set down such motion for an immediate hearing. This motion shall be in lieu of the provisions of s. 76.18.
(2) On answer by defendant that any allegation in plaintiff’s motion is untrue, this issue shall be tried. If the allegation in plaintiff’s motion which is denied is not proved to be true, the attachment shall be dissolved.
(3) If the answer denies the debt demanded, the judge may require pleadings thereon on motion of either party to be filed in such time as he or she fixes.
(4) The issue, if any, raised by the pleadings shall be tried at the same time as the issue, if any, made by the answer on the special cause assigned in plaintiff’s motion for the suit. On demand of either party a jury summoned from the body of the county shall be impaneled to try the issue.
History.—s. 5, Feb. 15, 1834; RS 1656; GS 2120; RGS 3421; CGL 5274; s. 15, ch. 29737, 1955; s. 26, ch. 67-254; s. 4, ch. 78-38; s. 381, ch. 95-147.
Structure Florida Statutes
Title VI - Civil Practice and Procedure
76.02 - Attachment of Corporate Stock.
76.03 - Courts From Which Attachments Shall Issue.
76.04 - Grounds When Debt Due.
76.05 - Grounds When Debt Not Due.
76.06 - Effect of Attachment Upon Unmatured Debt.
76.07 - Attachment in Aid of Foreclosure.
76.08 - Procurement of Attachment; Generally.
76.10 - Motion When Debt Not Due.
76.11 - Motion for Attachment in Aid of Foreclosure.
76.151 - Writ; Execution on Property Changing Possession.
76.16 - Writ; Levy in Other Counties.
76.17 - Writ; Levy Upon Property Removed From County Pending Levy.
76.18 - Return of Property Upon Forthcoming Bond.
76.19 - Return of Property Upon Bond to Pay Debt.
76.20 - Replevy of Property Taken by Attachment.
76.21 - Claims of Third Parties to Attached Property.
76.22 - Custody of Attached Property; Sale of Perishables.
76.24 - Dissolution of Attachment.
76.25 - Effect of Dissolution.