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Florida Statute 48.042 | Lawyer Caselaw & Research
F.S. 48.042 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 48.042

The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 48
PROCESS AND SERVICE OF PROCESS
View Entire Chapter
F.S. 48.042
48.042 Service on incompetent.—
(1) Process against an incompetent shall be served:
(a) By serving two copies of the process to the person who has care or custody of the incompetent or, when there is a legal guardian appointed for the incompetent, by serving the guardian as provided in s. 48.031.
(b) By serving the guardian ad litem or other person, if one is appointed by the court to represent the incompetent. Service on the guardian ad litem is unnecessary when he or she appears voluntarily or when the court orders the appearance without service of process on him or her.
(2) In all cases heretofore adjudicated in which process was served on an incompetent as prescribed by any law heretofore existing, the service was lawfully made, and no proceeding shall be declared irregular or illegal if a guardian ad litem appeared for the incompetent.
History.—s. 2, ch. 84-176; s. 271, ch. 95-147.

F.S. 48.042 on Google Scholar

F.S. 48.042 on Casetext

Amendments to 48.042


Arrestable Offenses / Crimes under Fla. Stat. 48.042
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 48.042.

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

  1. In re Amendments to Fla. Rules of Civil Procedure-2019 Regular-Cycle Report

    292 So. 3d 660 (Fla. 2019)   Cited 1 times
    The summons form for personal service on natural persons is to be used for service on natural persons under the following provisions: sections 48.031 (service of process generally), 48.041 (service on minors), 48.042 (service on incompetents), 48.051 (service on state prisoners), 48.183 (service of process in action for possession of residential premises), and 48.194 (personal service outside the state), Florida Statutes.
    PAGE 675

  2. Ewell v. Trainor

    Case No. 5D19-1115 (Fla. Dist. Ct. App. Oct. 11, 2019)
    When a legal guardian has been appointed for the incompetent person, process against the incompetent person must be served on the legal guardian as provided in section 48.031, Florida Statutes. § 48.042(1)(a), Fla. Stat. (2017). That did not occur here. Proper service of process is indispensable for the court to have personal jurisdiction over the incompetent person, unless properly waived, even though the court may have subject matter jurisdiction. See Drake v. Wimbourne, 112 So. 2d 27, 29 (Fla. 2d DCA 1959) (explaining that statutes must be strictly complied with when service of process is to be effected on incompetent person). Until proper service of process is made on the incompetent person, there can be no determination of the parties' adverse claims. See Bussey v. Legislative Auditing Comm., 298 So. 2d 219, 221 (Fla. 1st DCA 1974).
    PAGE 2

  3. In re Amendments

    966 So. 2d 943 (Fla. 2007)   Cited 1 times
    The summons form for personal service on natural persons is to be used for service on natural persons under the following provisions: sections 48.031 (service of process generally), 48.041 (service on minors), 48.042 (service on incompetents), 48.051 (service on state prisoners), 48.183 (service of process in action for possession of residential premises), and 48.194 (personal service outside the state), Florida Statutes.
    PAGE 955

  4. Amendments to the Florida Rules of Civil Procedure

    858 So. 2d 1013 (Fla. 2003)   Cited 5 times
    The summons form for personal service on natural persons is to be used for service on natural persons under the following provisions: sections 48.031 (service of process generally), 48.041 (service on minors), 48.042 (service on incompetents), 48.051 (service on state prisoners), 48.183 (service of process in action for possession of residential premises), and 48.194 (personal service outside the state), Florida Statutes.
    PAGE 1041

  5. In re Amendments to Florida Rules of Civil Procedure

    682 So. 2d 105 (Fla. 1996)   Cited 35 times

    .......... Defendant or Defendant's Representative Committee Notes 1988 Amendment. 48.031 48.041 48.042 48.051 48.183 48.194 48.061 48.071 48.081 48.101 48.111 48.121 48.131 48.141 48.151 1992 Amendment

  6. In re Amendments to the Florida Rules of Civil Procedure

    604 So. 2d 1110 (Fla. 1992)   Cited 23 times

    Y: y a A Committee Notes 1988 Amendment. one 1 one 1 Florida Statutes § sections 48.031 § 48.041 § 48.042 § 48.051 § 48.183 § 48.194Florida Statutes. Florida Statutes § sections 48.061 § 48.071 § 48.081

  7. IN RE AMENDMENTS TO RULES OF CIV. PROC

    536 So. 2d 974 (Fla. 1988)

    practicable, shall furnish a copy of its charges to the jury. IMPORTANT IMPORTANTE IMPORTANT 48.031 48.041 48.042 48.051 48.183 48.194 48.061 48.071 48.081 48.101 48.111 48.121 48.131 48.141 48.151PLEASE READ CAREFULLY

Cases from cite.case.law:

In AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE, 966 So. 2d 943 (Fla. 2007)

. . . the following provisions: sections 48.031 (service of process generally), 48.041 (service on minors), 48.042 . . .

AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE TWO YEAR CYCLE, 858 So. 2d 1013 (Fla. 2003)

. . . the following provisions: sections 48.031 (service of process generally), 48.041 (service on minors), 48.042 . . .

AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE, 773 So. 2d 1098 (Fla. 2000)

. . . the following provisions: sections 48.081 (service of process generally), 48.041 (service on minors), 48.042 . . .

In AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE, 682 So. 2d 105 (Fla. 1996)

. . . the following provisions: sections 48.031 (service of process generally), 48.041 (service on minors), 48.042 . . .

In AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE, 604 So. 2d 1110 (Fla. 1992)

. . . Florida Statutes § sections 48.031 (service of process generally), §-48.041 (service on minors), §-48.042 . . .

In AMENDMENTS TO RULES OF CIVIL PROCEDURE, 536 So. 2d 974 (Fla. 1988)

. . . provisions: Florida Statutes § 48.031 (service of process generally), § 48.041 (service on minors), § 48.042 . . .