reglab/housing_qa huggingface dataset:
FL Stat § 56.18 (2021)
2021 Florida Statutes|Title VI - Civil Practice and Procedure|Chapter 56 - Final Process|56.18 - Executions; Trial of Claims of Third Persons.

56.18 Executions; trial of claims of third persons.—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. 56.16 was interposed for delay, the judgment creditor may be awarded reasonable damages, not exceeding 20 percent of the value of the property claimed. If the claimant denies in writing under oath filed at least 3 days before the trial, the correctness of the appraisement of the value of the property by the officer levying the execution, and the verdict is in favor of the judgment creditor, the jury if not waived, shall fix the value of each item thereof, or of the items covered by such denial.History.—s. 10, Feb. 17, 1833; RS 1199; GS 1628; RGS 2832; CGL 4519; s. 11, ch. 67-254; s. 11, ch. 2016-33.Note.—Former s. 55.41.
FL Stat § 56.19 (2021)
2021 Florida Statutes|Title VI - Civil Practice and Procedure|Chapter 56 - Final Process|56.19 - Judgments Upon Claims of Third Persons.

56.19 Judgments upon claims of third persons.—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 fixed by the jury if fixed by it) of such parts of the property as the jury may have found subject to execution that were delivered to the claimant, and awarding separately such damages as may be awarded under s. 56.18, and of all costs attending the presentation and trial of the claim.History.—RS 1200; GS 1629; RGS 2833; CGL 4520; s. 11, ch. 67-254; s. 304, ch. 95-147; s. 12, ch. 2016-33.Note.—Former s. 55.42.
FL Stat § 56.20 (2021)
2021 Florida Statutes|Title VI - Civil Practice and Procedure|Chapter 56 - Final Process|56.20 - Executions on Judgments Against Third Person Claimants.

56.20 Executions on judgments against third person claimants.—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 and costs awarded to the judgment creditor. If the property is returned to the officer but damages and costs are not paid, execution shall be enforced for the damages and costs. If part of the property is returned to the officer, the execution shall be enforced for the value, fixed as aforesaid, of that not returned. All property returned shall be sold under the original execution against the judgment debtor.History.—RS 1201; GS 1630; RGS 2834; CGL 4521; s. 11, ch. 67-254; s. 305, ch. 95-147; s. 13, ch. 2016-33.Note.—Former s. 55.43.
FL Stat § 56.21 (2021)
2021 Florida Statutes|Title VI - Civil Practice and Procedure|Chapter 56 - Final Process|56.21 - Execution Sales; Notice.

56.21 Execution sales; notice.—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 issued, upon affidavit that the property to be sold is subject to decay and will not sell for its full value if held until date of sale. On or before the date of the first publication or posting of the notice of sale, a copy of the notice of sale shall be furnished by the sheriff by certified mail to the attorney of record of the judgment debtor, or to the judgment debtor at the judgment debtor’s last known address if the judgment debtor does not have an attorney of record. Such copy of the notice of sale shall be mailed even though a default judgment was entered. When levying upon real or personal property, a notice of such levy and execution sale and a copy of the affidavit required by s. 56.27(4) shall be sent by the sheriff to the attorneys of record of all judgment creditors and other lienholders, or to all judgment creditors and other lienholders who do not have an attorney of record, who have acquired a lien as provided in s. 55.10(1) and (2), s. 55.202, s. 55.204(3), or s. 695.01, and whose liens have not lapsed at the time of levy, at the address listed in the judgment lien certificate or other recorded liens, or, if amended, in any amendment thereto, and to all secured creditors who have filed financing statements as provided in part V of chapter 679 in the name of the judgment debtor reflecting a security interest in property of the kind to be sold at the execution sale at the address listed in the financing statement, or, if amended, in any amendment to the financing statement. Such notice shall be made in the same manner as notice is made to any judgment debtor under this section. When levying upon real property, notice of such levy and execution sale and affidavit required by s. 56.27(4) shall be made to the property owner of record in the same manner as notice is made to any judgment debtor pursuant to this section, and shall be made to each other person holding a mortgage or other lien against the real property as disclosed by the affidavit. When selling real or personal property, the sale date shall not be earlier than 30 days after the date of the first advertisement.History.—s. 3, Feb. 17, 1833; RS 1202; GS 1631; RGS 2835; CGL 4522; s. 11, ch. 67-254; s. 2, ch. 77-462; s. 4, ch. 82-118; s. 10, ch. 94-170; s. 18, ch. 2000-258; s. 12, ch. 2001-154; s. 10, ch. 2005-241; s. 5, ch. 2009-215.Note.—Former s. 55.44.
FL Stat § 56.22 (2021)
2021 Florida Statutes|Title VI - Civil Practice and Procedure|Chapter 56 - Final Process|56.22 - Execution Sales.

56.22 Execution sales.—(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 effectively disposed of at the initial sheriff’s sale may be readvertised, as provided in s. 56.21, upon receipt of an additional deposit to cover costs incurred in connection with the maintenance of the property under legal process. If no additional deposit is received by the sheriff, the property may be returned to the judgment debtor; if the judgment debtor refuses to accept such property, the property may be returned to a third party, such as a lienholder, upon presentation of a proper court order directing such return. If the property cannot be returned as described in this subsection, such property shall be disposed of as unclaimed or abandoned.History.—s. 2, ch. 3256, 1881; RS 1203; GS 1632; RGS 2836; CGL 4523; s. 1, ch. 61-104; s. 11, ch. 67-254; s. 5, ch. 82-118; s. 7, ch. 87-405; s. 11, ch. 94-170; s. 14, ch. 2016-33.Note.—Former s. 55.45.
FL Stat § 56.25 (2021)
2021 Florida Statutes|Title VI - Civil Practice and Procedure|Chapter 56 - Final Process|56.25 - Execution Sale; Bill of Sale or Deed.

56.25 Execution sale; bill of sale or deed.—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; CGL 4525; s. 11, ch. 67-254.Note.—Former s. 55.48.
FL Stat § 56.26 (2021)
2021 Florida Statutes|Title VI - Civil Practice and Procedure|Chapter 56 - Final Process|56.26 - Executions; Mandamus to Force Levy and Sale.

56.26 Executions; mandamus to force levy and sale.—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 requiring the officer to levy such execution or advertise and sell the property levied on, or both, as the case may be.History.—s. 1, ch. 4914, 1901; GS 1635; RGS 2839; CGL 4526; s. 1, ch. 61-330; s. 11, ch. 67-254; s. 306, ch. 95-147; s. 15, ch. 2016-33.Note.—Former s. 55.49.
FL Stat § 56.275 (2021)
2021 Florida Statutes|Title VI - Civil Practice and Procedure|Chapter 56 - Final Process|56.275 - Disposition of Unclaimed Money Collected.

56.275 Disposition of unclaimed money collected.—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.
FL Stat § 56.28 (2021)
2021 Florida Statutes|Title VI - Civil Practice and Procedure|Chapter 56 - Final Process|56.28 - Executions; Failure of Officer to Pay Over Moneys Collected.

56.28 Executions; failure of officer to pay over moneys collected.—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 regular business hours to the civil process bureau, the officer is liable to pay the same and 20 percent damages, to be recovered by motion in court.History.—s. 7, Feb. 17, 1853; RS 1207; GS 1637; RGS 2841; CGL 4528; s. 11, ch. 67-254; s. 308, ch. 95-147; s. 6, ch. 98-410; s. 17, ch. 2016-33.Note.—Former s. 55.51.
FL Stat § 56.30 (2021)
2021 Florida Statutes|Title VI - Civil Practice and Procedure|Chapter 56 - Final Process|56.30 - Discovery in Proceedings Supplementary.

56.30 Discovery in proceedings supplementary.—(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 the judgment debtor’s residence or principal place of business to be examined concerning property subject to execution. This examination may occur before issuance of a Notice to Appear.(2) The order shall be served in a reasonable time before the date of the examination in the manner provided for service of summons or may be served on the judgment debtor or the judgment debtor’s attorney of record as provided for service of papers in the rules of civil procedure.(3) Testimony shall be under oath, shall be comprehensive, and cover all matters and things pertaining to the business and financial interests of the judgment debtor which may tend to show what property the judgment debtor has and its location. Any testimony tending directly or indirectly to aid in satisfying the execution is admissible. A corporate judgment debtor must attend and answer by a designee with knowledge or an identified officer or manager who may be specified in the order. Examination of witnesses shall be as at trial, and any party may call other witnesses to be examined concerning property that may be subject to execution.History.—s. 19, ch. 2016-33.
FL Stat § 57.021 (2021)
2021 Florida Statutes|Title VI - Civil Practice and Procedure|Chapter 57 - Court Costs|57.021 - Costs; Taxing.

57.021 Costs; taxing.—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 1734; RGS 2949; CGL 4673; s. 13, ch. 67-254.Note.—Former s. 58.02.
FL Stat § 57.031 (2021)
2021 Florida Statutes|Title VI - Civil Practice and Procedure|Chapter 57 - Court Costs|57.031 - Costs; Record.

57.031 Costs; record.—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 examine the costs charged for any service rendered by the officers.History.—ss. 1, 2, ch. 3252, 1881; RS 1303; GS 1735; RGS 2950; CGL 4674; s. 13, ch. 67-254.Note.—Former s. 58.03.
FL Stat § 57.041 (2021)
2021 Florida Statutes|Title VI - Civil Practice and Procedure|Chapter 57 - Court Costs|57.041 - Costs; Recovery From Losing Party.

57.041 Costs; recovery from losing party.—(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 the judgment or order assessing costs.History.—s. 71, Nov. 23, 1828; s. 7, ch. 73, 1847; RS 1304; GS 1736; RGS 2951; CGL 4675; s. 13, ch. 67-254; s. 311, ch. 95-147.Note.—Former s. 58.04.
FL Stat § 57.051 (2021)
2021 Florida Statutes|Title VI - Civil Practice and Procedure|Chapter 57 - Court Costs|57.051 - Costs; Prohibition Against Unlawful Exaction.

57.051 Costs; prohibition against unlawful exaction.—(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 amount is specified by law.(2) PENALTY.—When any officer willfully charges or levies more than he or she is entitled to, the officer shall forfeit and pay to the party injured 4 times the amount unjustly claimed which may be recovered on motion in the court where the services were rendered.History.—ss. 2, 8, ch. 73, 1847; ss. 3, 4, ch. 1535, 1866; RS 1305; GS 1737; RGS 2952; CGL 4676; s. 13, ch. 67-254; s. 312, ch. 95-147.Note.—Former s. 58.05.
FL Stat § 57.061 (2021)
2021 Florida Statutes|Title VI - Civil Practice and Procedure|Chapter 57 - Court Costs|57.061 - Costs; Recovery of Illegally Exacted; Procedure.

57.061 Costs; recovery of illegally exacted; procedure.—(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 action for trial on the day specified in the notice unless he or she extends the time.(2) VERDICT AND JUDGMENT.—If the jury finds for plaintiff, it shall find the amount which has been improperly collected and the court shall enter judgment for 4 times the amount on which execution shall issue.History.—ss. 4, 5, 6, Mar. 10, 1843; s. 2, ch. 73, 1847; RS 1305; GS 1737; RGS 2952; CGL 4676; s. 13, ch. 67-254; s. 313, ch. 95-147.Note.—Former s. 58.06.
FL Stat § 57.071 (2021)
2021 Florida Statutes|Title VI - Civil Practice and Procedure|Chapter 57 - Court Costs|57.071 - Costs; What Taxable.

57.071 Costs; what taxable.—(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 opening statements and arguments by counsel.(c) Any sales or use tax due on legal services provided to such party, notwithstanding any other provision of law to the contrary.(2) Expert witness fees may not be awarded as taxable costs unless the party retaining the expert witness furnishes each opposing party with a written report signed by the expert witness which summarizes the expert witness’s opinions and the factual basis of the opinions, including documentary evidence and the authorities relied upon in reaching the opinions. Such report shall be filed at least 5 days prior to the deposition of the expert or at least 20 days prior to discovery cutoff, whichever is sooner, or as otherwise determined by the court. This subsection does not apply to any action proceeding under the Florida Family Law Rules of Procedure.History.—s. 1, ch. 16246, 1933; CGL 1936 Supp. 4680(1); s. 13, ch. 67-254; s. 42, ch. 87-6; s. 5, ch. 99-225.Note.—Former s. 58.08.
FL Stat § 57.081 (2021)
2021 Florida Statutes|Title VI - Civil Practice and Procedure|Chapter 57 - Court Costs|57.081 - Costs; Right to Proceed Where Prepayment of Costs and Payment of Filing Fees Waived.

57.081 Costs; right to proceed where prepayment of costs and payment of filing fees waived.—(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, despite his or her present inability to pay for these services. Such services are limited to filing fees; service of process; certified copies of orders or final judgments; a single photocopy of any court pleading, record, or instrument filed with the clerk; examining fees; mediation services and fees; private court-appointed counsel fees; subpoena fees and services; service charges for collecting and disbursing funds; and any other cost or service arising out of pending litigation. In any appeal from an administrative agency decision, for which the clerk is responsible for preparing the transcript, the clerk shall record the cost of preparing the transcripts and the cost for copies of any exhibits in the record. A party who has obtained a certification of indigence pursuant to s. 27.52 or s. 57.082 with respect to a proceeding is not required to prepay costs to a court, clerk, or sheriff and is not required to pay filing fees or charges for issuance of a summons.(2) Any sheriff who, in complying with the terms of this section, expends personal funds for automotive fuel or ordinary carfare in serving the process of those qualifying under this section may requisition the board of county commissioners of the county for the actual expense, and on the submission to the board of county commissioners of appropriate proof of any such expenditure, the board of county commissioners shall pay the amount of the actual expense from the general fund of the county to the requisitioning officer.(3) If an applicant prevails in an action, costs shall be taxed in his or her favor as provided by law and, when collected, shall be applied to pay filing fees or costs that have not been paid.History.—ss. 1, 2, 3, ch. 17883, 1937; CGL 1940 Supp. 4680(2); s. 15, ch. 29615, 1955; s. 1, ch. 57-251; s. 13, ch. 67-254; s. 14, ch. 73-334; s. 1, ch. 80-348; s. 18, ch. 94-348; s. 1362, ch. 95-147; s. 1, ch. 96-106; s. 9, ch. 97-107; s. 71, ch. 2003-402; s. 34, ch. 2005-236; s. 8, ch. 2009-61; s. 12, ch. 2012-100.Note.—Former s. 58.09.
FL Stat § 57.104 (2021)
2021 Florida Statutes|Title VI - Civil Practice and Procedure|Chapter 57 - Court Costs|57.104 - Computation of Attorneys’ Fees.

57.104 Computation of attorneys’ fees.—In any action in which attorneys’ 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 supervision of an attorney. For purposes of this section “legal assistant” means a person, who under the supervision and direction of a licensed attorney engages in legal research, and case development or planning in relation to modifications or initial proceedings, services, processes, or applications; or who prepares or interprets legal documents or selects, compiles, and uses technical information from references such as digests, encyclopedias, or practice manuals and analyzes and follows procedural problems that involve independent decisions.History.—s. 1, ch. 87-260.
FL Stat § 57.112 (2021)
2021 Florida Statutes|Title VI - Civil Practice and Procedure|Chapter 57 - Court Costs|57.112 - Attorney Fees and Costs and Damages; Preempted Local Actions.

57.112 Attorney fees and costs and damages; preempted local actions.—(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 the adoption or enforcement of a local ordinance on the grounds that it is expressly preempted by the State Constitution or by state law, the court shall assess and award reasonable attorney fees and costs and damages to the prevailing party.(3) Attorney fees and costs may not be awarded pursuant to this section if:(a) The governing body of a local governmental entity receives written notice that an ordinance that has been publicly noticed or adopted is expressly preempted by the State Constitution or state law; and(b) The governing body of the local governmental entity withdraws the proposed ordinance within 30 days; or, in the case of an adopted ordinance, the governing body of a local government notices an intent to repeal the ordinance within 30 days of receipt of the notice and repeals the ordinance within 30 days thereafter.(4) The provisions in this section are supplemental to all other sanctions or remedies available under law or court rule.(5) This section does not apply to local ordinances adopted pursuant to part II of chapter 163, s. 553.73, or s. 633.202.(6) This section is intended to be prospective in nature and shall apply only to cases commenced on or after July 1, 2019.History.—s. 1, ch. 2019-151.
FL Stat § 57.115 (2021)
2021 Florida Statutes|Title VI - Civil Practice and Procedure|Chapter 57 - Court Costs|57.115 - Execution on Judgments; Attorney’s Fees and Costs.

57.115 Execution on judgments; attorney’s fees and costs.—(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, the court shall consider:(a) Whether the judgment debtor had attempted to avoid or evade the payment of the judgment; and(b) Other factors as may be appropriate in determining the value of the services provided or the necessity for incurring costs in connection with the execution.History.—s. 13, ch. 87-145.
FL Stat § 59.04 (2021)
2021 Florida Statutes|Title VI - Civil Practice and Procedure|Chapter 59 - Appellate Proceedings|59.04 - Appeal From Order Granting New Trial.

59.04 Appeal from order granting new trial.—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 party obtaining the verdict unless a motion in arrest of judgment or for a judgment notwithstanding the verdict be made and prevail.History.—RS 1267; GS 1695; RGS 2905; CGL 4615; s. 4, ch. 22854, 1945; s. 1, ch. 71-316.
FL Stat § 59.041 (2021)
2021 Florida Statutes|Title VI - Civil Practice and Procedure|Chapter 59 - Appellate Proceedings|59.041 - Harmless Error; Effect.

59.041 Harmless error; effect.—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 in the opinion of the court to which application is made, after an examination of the entire case it shall appear that the error complained of has resulted in a miscarriage of justice. This section shall be liberally construed.History.—s. 1, ch. 6223, 1911; RGS 2812; CGL 4499; s. 14, ch. 67-254.Note.—Former s. 54.23.