CopyCited 211 times | Published | Court of Appeals for the Eleventh Circuit | 1994 U.S. App. LEXIS 4479, 1994 WL 73855
...ught can be obtained through other legal processes.” Id. The court found the following relevant facts on direct appeal: Section
914.001, Florida Statutes (1979), provides that witness subpoenas in criminal cases shall run throughout the state, and section
48.051, Florida Statutes (1979), specifically allows for service of process on state prisoners.......
CopyCited 67 times | Published | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 574, 2001 Fla. LEXIS 1748, 2001 WL 1013272
...By applying the definition of "usual place of abode" set forth in Heffernan to the facts in this case, we are adhering to this underlying principle. Further, it is clear that the Legislature contemplated that people in prison would be sued and served with process. Section 48.051, Florida Statutes (1997), provides that "[p]rocess against a state prisoner shall be served on the prisoner." Id....
...SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS, and QUINCE, JJ., concur. WELLS, C.J., concurs with an opinion, in which HARDING, J., concurs. WELLS, C.J., concurring. I concur in result only in this case. I conclude that this decision should be controlled by the plain meaning of section *957 48.051, Florida Statutes, which states: "Process against a state prisoner shall be served on the prisoner." I would read this to mean that process should be served on the prisoner at the prison....
CopyCited 29 times | Published | Supreme Court of Florida
...State,
418 So.2d 989 (Fla. 1982); Baker v. State,
47 So.2d 728 (Fla. 1950), and in most instances its use has been superseded by statute. Section
914.001, Florida Statutes (1979), provides that witness subpoenas in criminal cases shall run throughout the state, and section
48.051, Florida Statutes (1979), specifically allows for service of process on state prisoners....
CopyCited 15 times | Published | Supreme Court of Florida | 1992 WL 163953
...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....
CopyCited 9 times | Published | Supreme Court of Florida
...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)....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2002 WL 31422448
...erson residing therein who is 15 years of age or older and informing the person of their contents. In addition to the procedure set forth in section
48.031, this state has specifically set forth the proper method for service of process on prisoners. Section
48.051, Florida Statutes (2000), states that "[p]rocess against a state prisoner shall be served on the prisoner." Because service of process outside of Florida shall be made in the same manner as service within this state, section
48.194(1), Florida Statutes (2000), the process server was required to comply with section
48.051 in order to perfect service. By handing the summons and complaint to the Warden's Secretary instead of serving process on appellant, the prisoner, Lil' Joe failed to obtain personal jurisdiction over appellant. Section
48.051 does not contemplate a form of substituted service....
...Furthermore, if there is a proper form of substituted service on a state prisoner, there is no indication that the Wardens Secretary would be a person authorized to accept service of process on behalf of such prisoner. [2] Based upon the plain meaning of *955 section 48.051 and our practice of strictly construing statutes governing service of process, we agree with appellant that service was improper as a matter of law....
...The majority in Shurman, however, did not decide whether service on appellant by way of substituted service on a prison employee was improper as a matter of law. But see id. at 956-57 (Wells, C.J., concurring)(concluding that the decision should have been controlled by the plain meaning of section
48.051, without reliance on section
48.031(1)(a)).
