Belvant v. Cohen
The Third District reversed a fee judgment awarded to a defendant who succeeded in vacating a prejudgment writ of replevin, holding that section 78.20, Florida Statutes, requires the defendant to prevail not only on dissolution of the writ but also in the underlying replevin action, which remained pending. The court aligned with the Fourth and Fifth Districts and certified conflict with the First District's decision in McMurrain v. Fason.
Key facts
- Plaintiff Belvant obtained a prejudgment writ of replevin against defendant Cohen, who moved to dissolve the writ.
- The trial court granted Cohen's motion to dissolve the writ and awarded Cohen damages, attorney's fees, and costs under section 78.20, Florida Statutes.
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Why it matters
This decision resolves the Third District's position on a recognized inter-district split and certifies conflict with the First District's McMurrain, teeing the issue up for Florida Supreme Court review. Counsel… — full analysis with a trial
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