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Current as of January 01, 2025 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - Florida Statutes Title VI. Civil Practice and Procedure § 76.24. Dissolution of attachment - last updated January 01, 2025 | https://codes.findlaw.com/fl/title-vi-civil-practice-and-procedure/fl-st-sect-76-24/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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