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3rd DCASeptember 7, 2022Reversed and Remanded; conflict certified⚡ Circuit Split Resolved

Belvant v. Cohen

Case No. 21-0862

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.

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