Florida Statute 48.042 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 48
PROCESS AND SERVICE OF PROCESS

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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.

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Amendments to 48.042

Annotations, Discussions, Cases:

Cases Citing Statute 48.042

Total Results: 3 | Sort by: Relevance | Newest First

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In Re Amendments to Fla. Rules Civ. Proc., 604 So. 2d 1110 (Fla. 1992).

Cited 15 times | Published | Supreme Court of Florida | 1992 WL 163953

...ions to respond. The summons form for personal service on natural persons is to be used for service on natural persons under the following provisions: Florida Statutes § 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....

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In Re Amendments to Rules of Civ. Proc., 536 So. 2d 974 (Fla. 1988).

Cited 9 times | Published | Supreme Court of Florida

...r obligations to respond. The summons form for personal service on natural persons is to be used for service on natural persons under the following provisions: Florida Statutes § 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)....

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Forehand v. Florida State Hosp. at Chattahoochee, 839 F. Supp. 807 (N.D. Fla. 1993).

Cited 6 times | Published | District Court, N.D. Florida | 1993 U.S. Dist. LEXIS 17568, 70 Fair Empl. Prac. Cas. (BNA) 1445, 1993 WL 517163

Employment Discrimination: Procedures & Remedies § 48.42(a) (describing the chronology of pattern and practice