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Florida Statute 48.042 | Lawyer Caselaw & Research
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The 2024 Florida Statutes

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:

Cases Citing Statute 48.042

Total Results: 12

In Re: Amendments to the Florida Rules of Civil Procedure - 2019 Regular-Cycle Report

Court: Supreme Court of Florida | Date Filed: 2020-04-16

Snippet: process generally), 48.041 (service on minors), 48.042 (service on incompetents), 48.051 (service on state

In Re Amendments to Rules of Civ. Procedure

Court: Supreme Court of Florida | Date Filed: 2007-09-27

Citation: 966 So. 2d 943, 32 Fla. L. Weekly Supp. 606, 2007 Fla. LEXIS 1788, 2007 WL 2790745

Snippet: process generally), 48.041 (service on minors), 48.042 (service on incompetents), 48.051 (service on state

Amendments to the Florida Rules of Civil Procedure

Court: Supreme Court of Florida | Date Filed: 2003-10-23

Citation: 858 So. 2d 1013, 28 Fla. L. Weekly Supp. 797, 2003 Fla. LEXIS 1779, 2003 WL 22410375

Snippet: process generally), 48.041 (service on minors), 48.042 (service on incompetents), 48.051 (service on state

Amendments to the Florida Rules of Civil Procedure

Court: Supreme Court of Florida | Date Filed: 2000-10-05

Citation: 773 So. 2d 1098, 2000 Fla. LEXIS 2312, 2000 WL 1472356

Snippet: process generally), 48.041 (service on minors), 48.042 (service on incompetents), 48.051 (service on state

In Re Amend. to Fla. Rules of Civ. Proc.

Court: Supreme Court of Florida | Date Filed: 1996-10-31

Citation: 682 So. 2d 105, 1996 WL 627562

Snippet: process generally), 48.041 (service on minors), 48.042 (service on incompetents), 48.051 (service on state

In Re Amendments to Fla. Rules Civ. Proc.

Court: Supreme Court of Florida | Date Filed: 1992-07-16

Citation: 604 So. 2d 1110, 1992 WL 163953

Snippet: process generally), § 48.041 (service on minors), § 48.042 (service on incompetents), § 48.051 (service on

Florida Bar v. Nunn

Court: Supreme Court of Florida | Date Filed: 1992-04-09

Citation: 596 So. 2d 1053, 17 Fla. L. Weekly Supp. 242, 1992 Fla. LEXIS 751, 1992 WL 68956

Snippet: operating account, which had a deficit balance of $48.42, and proceeded to use the funds to pay both obligations

Estate of Wallace v. Fisher

Court: District Court of Appeal of Florida | Date Filed: 1990-09-20

Citation: 567 So. 2d 505, 1990 Fla. App. LEXIS 7125, 1990 WL 134773

Snippet: (2d Cir.), cert. denied, 419 U.S. 828, 95 S.Ct. 48, 42 L.Ed.2d 52 (1974); and Cardillo v. Zyla, 486 F

In Re Amendments to Rules of Civ. Proc.

Court: Supreme Court of Florida | Date Filed: 1988-12-30

Citation: 536 So. 2d 974

Snippet: process generally), § 48.041 (service on minors), § 48.042 (service on incompetents), § 48.051 (service on

Nell v. INTERN. UNION OF OPERATING ENGINEERS

Court: District Court of Appeal of Florida | Date Filed: 1983-03-09

Citation: 427 So. 2d 798

Snippet: (2d Cir.), cert. denied, 419 U.S. 828, 95 S.Ct. 48, 42 L.Ed.2d 52 (1974); and Cardillo v. Zyla, 486 F

Ago

Court: Florida Attorney General Reports | Date Filed: 1981-07-20

Snippet: generally see AGO 081-48. As stated in AGO 081-48,42 U.S.C. § 409(b) in relevant part provides that "[t]he

Powell v. New York Life Insurance

Court: District Court of Appeal of Florida | Date Filed: 1960-04-27

Citation: 120 So. 2d 33, 86 A.L.R. 2d 437, 1960 Fla. App. LEXIS 2504

Snippet: v. Metropolitan Life Ins. Co., 1945, 133 N.J.L. 48, 42 A.2d 464, the exception clause provided for double