Florida replevin statute, F. S. §§ 78.01 et seq. F. S. A.
How later courts described this case
- Florida replevin statute, F. S. §§ 78.01 et seq. F. S. A.
Written by the judges who cited it.
The opinion
EATON, District Judge
(dissenting).
I respectfully dissent. I believe the question of the constitutionality of § 78.10, F.S.A. is before the Court and that the pre-judgment replevin procedure established by §§ 78.01, 78.04, 78.07, 78.08 and 78.10, F.S.A., lacks the essential elements of due process.
When the state authorizes the forcible entry of a person’s house prior to the establishment of the probable validity of a creditor’s claim, it contravenes the Due Process Clause of the Fourteenth Amendment.
Further, when one signs a contract which includes the words “in the event of default of any payment or payments, seller at its option may take back the merchandise,” he does not waive his Fourteenth Amendment right to “due process of law.”