Replevin Procedure
Replevin is a statutorily defined action and is contained in F.S. ยง 78. There is even a form Replevin Writ contained in the Florida Rules of Civil Procedure.
In drafting your complaint, a very important allegation is the value of the dog. Such an allegation must be made in good faith. The reason it is important, is that it is this allegation that triggers the bond the Defendant must file if it intends to keep the dog despite the judge ruling that you have the right to do so. Unfortunately, most dogs do not have a high fair market value unless they are show dogs or service dogs. Thus, you either have to allege a very low fair market value in good faith, or argue that the dog has a special intrinsic value. It is my belief that intrinsic value is the better allegation. I have made this argument in veterinary malpractice cases. A memorandum of law on the issue can be found here.
After you have drafted your complaint, you need to do an affidavit of your client which asserts his or her superior ownership interest. This is called a "Further Showing" affidavit under the statute and an example of one is here. Then do a blank Order to Show Cause, leaving out the date and time of the hearing for the judge to fill in. A copy of an Order to Show Cause can be found here .
File the replevin action, but don't serve it yet. Provide the clerk with copies of the blank Order to Show Cause, and request the clerk notify you when it is signed by the judge.
The clerk will call you when the judge has signed the order and filled in the hearing date. Now you serve the complaint, the further showing affidavits, and the Order to Show Cause on the Defendant(s).
The Order to Show Cause Hearing is in the nature of an evidentiary hearing, and the Defendants can call witnesses and file counter-affidavits.
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