Arrestable Offenses / Crimes under Fla. Stat. 48.021
S48.021 4 - PUBLIC ORDER CRIMES - PROCESS SERVER OTHERWISE VIOL OATH OF OFFICE - F: T
CopyCited 207 times | Published | Court of Appeals for the Eleventh Circuit | 2011 U.S. App. LEXIS 11353, 2011 WL 2162997
...12.160(c)(3)(A) (“A temporary
injunction for protection against . . . repeat violence . . . must be personally
served.”) (emphasis added). By contrast, service of other documents need not be
served by a law enforcement officer. See Fla. Stat. Ann. §
48.021 (outlining the
12
general guidelines for who may serve process).10 Section
784.046 also provides,
with respect to restraining orders concerning repeat violence, that after the clerk of
court fu...
CopyCited 47 times | Published | Florida 5th District Court of Appeal | 2007 WL 3390911
summons and complaint for service, as required by section
48.21, Florida Statutes (2006). Contending that the
CopyCited 32 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 1745, 1985 Fla. App. LEXIS 14997
and informing the person of their contents." Section
48.21, Florida Statutes (1979) requires those serving
CopyCited 28 times | Published | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 63, 2015 Fla. LEXIS 203, 2015 WL 463509
ARE NOT INCLUDED IN THE FACIAL LANGUAGE OF SECTION
48.21 DEFINING INVALID SERVICE? Id. at
CopyCited 15 times | Published | Florida 4th District Court of Appeal
...in case of insolvent defendants. The appellee also relies on Section
142.09, Florida Statutes, F.S.A., as authority to require the county to pay for witness fees if a nolle prosequi has been entered. In considering the provisions of Florida Statute §
48.021, F.S.A., the appellee may be reimbursed the cost of private process service in Dade County....
CopyCited 13 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 823, 1985 Fla. App. LEXIS 13221
...If the court fails to acquire jurisdiction over the defendant in the proper manner, its judgment is void. See Johnson v. Clark,
145 Fla. 258,
198 So. 842 (1940); McGhee v. Wilkins,
31 Fla. 83,
12 So. 228 (1893). In this case, the judgment creditor attempted actual service of process on the garnishee. Section
48.021, Florida Statutes (1983), states that all process shall be served by the sheriff of the county where the person to be served is found or by a special process server appointed by the sheriff, except for witness subpoenas which may be se...
...to the lower echelon employee of the garnishee bank. The agent's return affidavit was a form affidavit used to prove service of a witness subpoena. The record on appeal does not indicate that process was served in compliance with the requirements of section 48.021 or by court order pursuant to Florida Rule of Civil Procedure 1.070(b)....
CopyCited 13 times | Published | Supreme Court of Florida
...n 9, Article XVI became a statute pursuant to Section 10, Article XII of the schedule of the 1968 constitutional revision). The District Court also referred to and discussed the application of F.S. Sections
939.06, 939.07 and
939.08, Section
142.09, Section
48.021, and Chapter 942, F.S.A., to this case....
CopyCited 11 times | Published | Florida 3rd District Court of Appeal | 1995 Fla. App. LEXIS 5039, 1995 WL 271451
...s answer and to quash service of process. [2] At the second hearing on this motion, Lennar's counsel admitted that service of process had been defective because the process server who had served Gabb was not a person authorized to serve process. See § 48.021(1)-(2)(a), Fla....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 1994 WL 12396
...These statutes governing service of process are to be strictly construed to insure that a defendant receives notice of the proceedings. Henzel v. Noel,
598 So.2d 220 (Fla. 5th DCA 1992). The burden of proving the validity of service of process is on the plaintiff. Id. Section
48.021(1), Florida Statutes, establishes three categories of persons by whom process may be served in Florida....
...Upon filing an action in circuit or county court, a person may select from the list one or more certified process servers to serve initial nonenforceable civil process. (3) Nothing herein shall be interpreted to exclude a sheriff or deputy or other person appointed by the sheriff pursuant to s. 48.021 from serving process or to exclude a person from appointment by individual motion and order to serve process in any civil action in accordance with Rule 1.070(b) of the Florida Rules of Civil Procedure....
...'s approved list of certified process servers. The plaintiff argues that the narrow construction of section
48.27 could not have been intended but fails to offer a cogent explanation of the underlined language. The plaintiff asserts that since under section
48.021 process can be served by the sheriff of the county where the person to be served is found, a certified process server should be able to be used whenever service is to be made on a person found in the circuit where the process server is certified....
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...Appeal was timely filed to which the Circuit Court of the Fourth Judicial Circuit and the Sheriff of Duval County responded, moving for dismissal of the appeal. The respondents urge that the Sheriff, and his duly qualified deputies, are the only persons qualified to serve process, citing F.S. 48.021 which provides as follows: "All process shall be served by the sheriff of the county where the person to be served is found, but witness subpoenas may also be served by any person authorized by rules of procedure." Appellants contend that R...
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 11288, 2010 WL 3023386
...Nevertheless, where other requirements for service of process, which do not directly implicate due process, have been violated, courts still have determined that service is defective, and no jurisdiction has been obtained over the defendant. For instance, section 48.021 provides who may serve process....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1989 WL 69114
return had originally stated the omitted facts. §
48.21, Fla. Stat. (1987). On October 6, 1987, appellant's
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2000 WL 707290
...process was served within the same circuit, see, e.g., Abbate v. Provident National Bank,
631 So.2d 312 (Fla. 5th DCA 1994). [1] The process server also lacked the credentials of a "special process server" in Lake County pursuant to Florida Statutes section
48.021(3). See, e.g., Cheshire v. Birenbaum,
688 So.2d 430 (Fla. 3d DCA 1997). Although the service upon the Deckers was defective because the process server was not qualified under the former version of section
48.27 or section
48.021(3), Florida Statute (1996), it was not void....
CopyCited 2 times | Published | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 754, 2001 Fla. LEXIS 2273, 2001 WL 1422463
...There, the Deckers had contended that, because the service of process on them was defective, the default judgment was void as a matter of law. The Fifth District disagreed: Although the service upon the Deckers was defective because the process server was not qualified under the former version of section
48.27 or section
48.021(3), Florida Statute[s] (1996), it was not void....
CopyCited 1 times | Published | Florida 5th District Court of Appeal
substitute service did not strictly comply with section
48.21, Florida Statutes (2015), as it does .not provide
CopyCited 1 times | Published | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 13657
of service. The summons was apparently lost. Section
48.21, Florida Statutes (1981), provides:
48.21 Return
CopyPublished | Florida 3rd District Court of Appeal
includes the statutory factors contained in section
48.21, Florida Statutes: The party
CopyPublished | Florida 1st District Court of Appeal | 2007 WL 3033498
...Pete McNabb, who Sims believed owed money to the Merediths. The writs were served by certified process servers. McNabb moved to quash service of process on the grounds that such process must be served by a sheriff's deputy. The trial judge agreed and quashed service of both writs. We reverse. Section 48.021, Florida Statutes (2003) and (2005), provides all process will be served by a sheriff except for initial non-enforceable civil process....
CopyPublished | Florida 4th District Court of Appeal
128 So. 3d 9, 15–16 (Fla. 3d DCA 2012). Section
48.21, Florida Statutes (2018), states that service
CopyPublished | Florida 3rd District Court of Appeal
informing the person of their contents. Section
48.21, Florida Statutes, in turn, governs return of
CopyPublished | Florida 2nd District Court of Appeal
statutory factors contained in section
48.21." Id. Section
48.21(1), Florida Statutes (2021), provides
CopyPublished | Court of Appeals for the Eleventh Circuit
...12.160(c)(3)(A) (“A temporary
injunction for protection against . . . repeat violence . . . must be personally
served.”) (emphasis added). By contrast, service of other documents need not be
served by a law enforcement officer. See Fla. Stat. Ann. §
48.021 (outlining the
12
general guidelines for who may serve process).10 Section
784.046 also provides,
with respect to restraining orders concerning repeat violence, that after the clerk of
court fu...
CopyPublished | Court of Appeals for the Eleventh Circuit
...12.160(c)(3)(A) (“A temporary
injunction for protection against . . . repeat violence . . . must be personally
served.”) (emphasis added). By contrast, service of other documents need not be
served by a law enforcement officer. See Fla. Stat. Ann. §
48.021 (outlining the
12
general guidelines for who may serve process).10 Section
784.046 also provides,
with respect to restraining orders concerning repeat violence, that after the clerk of
court fu...
CopyAgo (Fla. Att'y Gen. 1978).
Published | Florida Attorney General Reports
...ided in subsection (2) to have written notice served on the power in conformance with Ch. 48, F. S. Chapter 48 relates exclusively to service of civil process, and requires service by the sheriff or a special process server appointed by the sheriff. Section 48.021 , F....
CopyPublished | Florida 3rd District Court of Appeal
“Return of execution of process” statute (section
48.21). See Vives v. Wells Fargo Bank, N.A., 128
CopyAgo (Fla. Att'y Gen. 1986).
Published | Florida Attorney General Reports
...V (Supreme Court marshall may deputize sheriff for execution of process of the court). Note also, s.
901.10 , F.S. (providing that a summons in a criminal case shall be served in the same manner as a summons in a civil action), and see, ss.
48.011 , and
48.021 , F.S. Section
48.021 expressly provides that all process under that chapter "shall be served by the sheriff," or by a special process server appointed by him pursuant to the requirements of s.
48.021 (2), (3) and (4). See also, s.
48.195 , F.S. (service of foreign process by sheriff). Compare, earlier version of s.
48.021 , F.S., 1967, that authorized "constable of the district" to serve process....
...fficers the authority to execute process of the courts. Attorney General Opinion 81-38; s.
166.021 (3)(b), F.S. 2 See also, Bradley Fiduciary v. Cit. So. Intern. Bank,
431 So.2d 196 (3 D.C.A.Fla., 1983) (service of process a procedural matter and if s.
48.021 [2] conflicts on procedural point with R....
CopyAgo (Fla. Att'y Gen. 1989).
Published | Florida Attorney General Reports
The Honorable R.B. Shore Clerk of the Circuit Court Manatee County Post Office Box 1000 Bradenton, Florida 34206 Dear Mr. Shore: You have asked substantially the following question: What constitutes "initial nonenforceable civil process" pursuant to s. 48.021 , F.S., as amended by s. 1, Ch. 88-135, Laws of Florida? In sum: "Initial nonenforceable civil process" is that initial civil process which is not required by statute to be served by the sheriff. Section 48.021 (1), F.S., as amended by s....
...Such process appears to be that which is not capable of being compelled or carried out. The Florida Certified Process Server Act, supra, provides: Nothing herein shall be interpreted to exclude a sheriff or deputy or other person appointed by the sheriff pursuant to s. 48.021 from serving process or to exclude a person from appointment by individual motion and order to serve process in any civil action in accordance with Rule 1.070(b) of the Florida Rules of Civil Procedure....
...48.091 (1), F.S., should be read together with other statutes relating to service of process to determine the scope and operation of the amended statute. 14 While this office cannot list each writ or process which may be served by a special process server pursuant to s. 48.021 (1), F.S., as amended by s....
CopyPublished | Florida 3rd District Court of Appeal
failed to include the factors mandated under section
48.21(1), Florida Statutes (2023). See id. (“Each
CopyPublished | Florida 5th District Court of Appeal | 1997 Fla. App. LEXIS 1572, 1997 WL 80350
...ty. Cheshire moved to dismiss for insufficient service of process, specifically alleging that the process server was not authorized to serve him in Alachua County. In both cases, the trial court denied the motions to dismiss, and in doing so, erred. Section 48.021(3), Florida Statutes (1995), provides that “[a] special process server appointed in accordance with this section shall be authorized to serve process in only the county in which the sheriff who appointed him or her resides_” (Emphasis added)....
CopyPublished | Florida 3rd District Court of Appeal
service are facially regular and compliant with section
48.21, Florida Statutes. Alem failed to respond,
CopyPublished | Florida 3rd District Court of Appeal
the return- of-service form described in [section]
48.21, or any other competent evidence in determining
CopyPublished | Florida 3rd District Court of Appeal
demonstrate that the return of service is, under section
48.21, facially valid or regular on its face.” Koster
CopyPublished | Florida 1st District Court of Appeal | 1983 Fla. App. LEXIS 19231
a matter of procedure. To the extent that Section
48.021(2),3 Florida Statutes (1981), may conflict
CopyPublished | Florida 2nd District Court of Appeal
