4D10-2173-Prism Educational Systems, Inc. v. Quest Achievement Corporation

State: Florida

Court: Florida Southern District Court

Docket No: 4D10-2173.op

Case Date: 01/26/2011

Plaintiff: 4D10-2173-Prism Educational Systems, Inc.

Defendant: Quest Achievement Corporation

Preview:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
January Term 2011

PRISM EDUCATIONAL SYSTEMS, INC., Appellant, v. QUEST ACHIEVEMENT CORPORATION, a Florida corporation, Appellee. No. 4D10-2173 [January 26, 2011] STEVENSON, J. Prism Educational Systems, Inc., appeals the trial court's dismissal of its motion for show cause hearing and request for prejudgment writ of replevin. Because Prism complied with the statutory requirements of section 78.055, Florida Statutes (2010), it was entitled to a show cause hearing and we reverse. Section 78.055 requires that, prior to issuance of a writ of replevin, a plaintiff must file a complaint alleging the following: (1) A description of the claimed property that is sufficient to make possible its identification and a statement, to the best knowledge, information, and belief of the plaintiff of the value of such property and its location. (2) A statement that the plaintiff is the owner of the claimed property or is entitled to possession of it, describing the source of such title or right. If the plaintiff's interest in such property is based on a written instrument, a copy of said instrument must be attached to the complaint. (3) A statement that the property is wrongfully detained by the defendant, the means by which the defendant came into possession thereof, a n d th e cause of s u c h detention according to the best knowledge, information, and belief of the plaintiff.

(4) A statement that the claimed property has not been taken for a tax, assessment, or fine pursuant to law. (5) A statement that the property has not been taken under a n execution or attachment against the property of the plaintiff or, if so taken, that it is by law exempt from such taking, setting forth a reference to the exemption law relied upon. If the statutory requirements are sufficiently alleged in the complaint, "the court shall promptly issue an order directed to the defendant to show cause why the claimed property should not be taken from the possession of the defendant and delivered to plaintiff."

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