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Florida Statute 48.101 | Lawyer Caselaw & Research
F.S. 48.101 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 48.101

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. 48.101
148.101 Service on dissolved corporations.—Process against the directors of any corporation which was dissolved before July 1, 1990, as trustees of the dissolved corporation shall be served on one or more of the directors of the dissolved corporation as trustees thereof and binds all of the directors of the dissolved corporation as trustees thereof. Process against any other dissolved corporation shall be served in accordance with s. 48.081.
History.—s. 1, ch. 19064, 1939; CGL 1940 Supp. 4251(1); s. 4, ch. 67-254; s. 3, ch. 97-230; s. 7, ch. 2022-190.
1Note.—Section 7, ch. 2022-190, amended s. 48.101, effective January 2, 2023, to read:

48.101 Service on dissolved corporations, dissolved limited liability companies, dissolved limited partnerships, and dissolved limited liability partnerships.—

(1) Process against the directors of any corporation that was dissolved before July 1, 1990, as trustees of the dissolved corporation must be served on one or more of the directors of the dissolved corporation as trustees thereof and binds all of the directors of the dissolved corporation as trustees thereof.

(2)(a) Process against any other dissolved domestic corporation must be served in accordance with s. 48.081.

(b) In addition, provided that service was first properly attempted on the registered agent pursuant to s. 48.081(2), but was not successful, service may then be attempted as required under s. 48.081(3). In addition to the persons listed in s. 48.081(3), service may then be attempted on the person appointed by the circuit court as the trustee, custodian, or receiver under s. 607.1405(6).

(c) A party attempting to serve a dissolved domestic for-profit corporation under this section may petition the court to appoint one of the persons specified in s. 607.1405(6) to receive service of process on behalf of the corporation.

(3)(a) Process against any dissolved domestic limited liability company must be served in accordance with s. 48.062.

(b) In addition, provided that service was first properly attempted on the registered agent pursuant to s. 48.062(2), but was not successful, service may then be attempted as required under s. 48.062(3). In addition to the persons listed in s. 48.062(3), service on a dissolved domestic limited liability company may be made on the person appointed as the liquidator, trustee, or receiver under s. 605.0709.

(c) A party attempting to serve a dissolved domestic limited liability company under this section may petition the court to appoint one of the persons specified in s. 605.0709(5) to receive service of process on behalf of the limited liability company.

(4) Process against any dissolved domestic limited partnership must be served in accordance with s. 48.061.

Note.—Former s. 47.22.

F.S. 48.101 on Google Scholar

F.S. 48.101 on Casetext

Amendments to 48.101


Arrestable Offenses / Crimes under Fla. Stat. 48.101
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 48.101.

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. Roor Int'l BV v. Ullah Bus. Inc.

    Case No.: 2:19-cv-222-FtM-38MRM (M.D. Fla. Feb. 18, 2020)
    Ullah Business Inc. was administratively dissolved under the laws of Florida for failure to file an annual report. Further, Mr. Ullah indicated in his purported answer that "the business had to close around three (3) years ago because it was not profitable[.]" (Doc. 51 at 1). Therefore, because the company is dissolved, service of process was effectuated pursuant to Fla. Stat. § 48.101.
    PAGE 6

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

    292 So. 3d 660 (Fla. 2019)   Cited 1 times
    The former, general summons form is to be used for all other service by summons, including service under sections 48.061 (service on partnership), 48.071 (service on agents of nonresidents doing business in the state), 48.081 (service on corporation), 48.101 (service on dissolved corporations), 48.111 (service on public agencies or officers), 48.121 (service on the state), 48.131 (service on alien property custodian), 48.141 (service on labor unions), 48.151 (service on statutory agents for certain purposes), Florida Statutes, and all statutes providing for substituted service on the secretary of state.
    PAGE 675

  3. United States v. Jones

    Case No: 17-cv-2389-T-24AEP (M.D. Fla. Jun. 22, 2018)
    Instead, Florida Statute § 48.101 provides that "[p]rocess against any other dissolved corporation shall be served in accordance with s. 48.081." Florida Statute § 48.081(3)(a) provides that a corporation may be served by serving the corporation's registered agent. At the time of service, OPG's registered agent was (and still is) Mayor & Mayor, LLC. (Doc. No. 39, p. 2).
    PAGE 3

  4. Montgomery Bank, N.A. v. Thomas P. Hoolihan, Jr., Kerrey R. Hoolihan, Riverbend Golf & Country Club, Inc.

    Case No: 2:16-cv-173-FtM-38CM (M.D. Fla. Apr. 28, 2016)
    The Court notes that according to the website, Riverbend was administratively dissolved on September 25, 2015. Service on a dissolved corporation shall be in accordance with Florida Statute § 48.081. Fla. Stat. § 48.101.
    PAGE 4

  5. Baker v. Warner/Chappell Music, Inc.

    Case No. 14-cv-22403-LENARD/GOODMAN (S.D. Fla. Apr. 6, 2015)   Cited 4 times
    This issue aside, because Countdown Music is a dissolved Florida corporation, service of process is governed by Florida Statute § 48.101. That statute states that service on a dissolved Florida corporation is effective if made in accordance with another Florida Statute, § 48.081 -- the general statute governing service of process on a corporation. Section 48.081 provides that process against a private corporation may be served on an enumerated hierarchy of corporate officials and employees or by serving a corporation's registered agent. Fla. Stat. § 48.081.
    PAGE 5

  6. The Mills Corporation v. Amato

    72 So. 3d 814 (Fla. Dist. Ct. App. 2011)   Cited 2 times
    Section 48.101, Florida Statutes (2007), titled “Service on dissolved corporation,” provides that process shall be served in accordance with Section 48.081, Florida Statutes (2007). Section 48.081, titled “Service on corporation,” provides, in pertinent part:
    PAGE 816

  7. In re Amendments

    966 So. 2d 943 (Fla. 2007)   Cited 1 times
    The former, general summons form is to be used for all other service by summons, including service under sections 48.061 (service on partnership), 48.071 (service on agents of nonresidents doing business in the state), 48.081 (service on corporation), 48.101 (service on dissolved corporations), 48.111 (service on public agencies or officers), 48.121 (service on the state), 48.131 (service on alien property custodian), 48.141 (service on labor unions), 48.151 (service on statutory agents for certain purposes), Florida Statutes, and all statutes providing for substituted service on the secretary of state.
    PAGE 956

  8. Amendments to the Florida Rules of Civil Procedure

    858 So. 2d 1013 (Fla. 2003)   Cited 5 times
    The former, general summons form is to be used for all other service by summons, including service under sections 48.061 (service on partnership), 48.071 (service on agents of nonresidents doing business in the state), 48.081 (service on corporation), 48.101 (service on dissolved corporations), 48.111 (service on public agencies or officers), 48.121 (service on the state), 48.131 (service on alien property custodian), 48.141 (service on labor unions), 48.151 (service on statutory agents for certain purposes), Florida Statutes, and all statutes providing for substituted service on the secretary of state.
    PAGE 1041

  9. Intern. Steel Truss v. Artec Group

    824 So. 2d 340 (Fla. Dist. Ct. App. 2002)   Cited 7 times
    Under section 48.101, service of process on corporations dissolved on or after July 1, 1990, is to be accomplished according to section 48.081, which governs service of process on corporations generally. The latter statute specifies a descending hierarchy of individuals upon whom process against a corporation may be served. § 48.081(1). At the bottom of the list, paragraph (1)(d) provides that in the absence of any person described in the preceding paragraphs service may be made on any officer or business agent residing in the state. As an alternative to the foregoing, paragraph (3) permits service of process on the corporation's registered agent designated under section 48.091. Further, if the corporation has failed to comply with section 48.091, service may be made on any employee at the corporation's place of business. § 48.081(3).
    PAGE 342

  10. Ntca Corp. v. Associates Commercial Corp.

    812 So. 2d 506 (Fla. Dist. Ct. App. 2002)
    We agree with the trial court that NTCA was properly served. Prior to 1997, section 48.101, Florida Statutes (2000), which addresses service on a dissolved corporation, provided that process could be served only on a trustee director of a dissolved corporation. After the 1997 amendment, section 48.101 now provides that service on a corporation dissolved after July 1, 1990, must be made in accordance with section 48.081, Florida Statutes (2000). See Cannella v. Auto-Owners, Inc., 801 So.2d 94, 97 (Fla. 2001). Section 48.081, in turn, provides for service of process by serving the president, vice president or head of a corporation, or in their absence, by serving the next category of persons: the cashier, treasurer, secretary or general manager. Alternatively, the registered agent can be served. See Fla. Stat. § 48.081(3); Fla. Stat. § 48.091(1). If service cannot be made because a corporation has not designated a registered agent, service is permitted on any employee at the corporation's place of business. See Fla. Stat. § 48.081(3); Fla. Stat. § 48.091(1).
    PAGE 507

    Cases from cite.case.law:

    MILLS CORPORATION, d b a v. AMATO, 72 So. 3d 814 (Fla. Dist. Ct. App. 2011)

    . . . Section 48.101, Florida Statutes (2007), titled “Service on dissolved corporation,” provides that process . . .

    EYEBLASTER, INC. v. FEDERAL INSURANCE COMPANY,, 613 F.3d 797 (8th Cir. 2010)

    . . . . § 1030, and the Texas Business and Commercial Code §§ 48.052 and 48.101, a deceptive trade practice . . .

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

    . . . 48.071 (service on agents of nonresidents doing business in the state), 48.081 (service on corporation), 48.101 . . .

    FIRST ENTERPRISE, v. UNITED STATES, 61 Fed. Cl. 109 (Fed. Cl. 2004)

    . . . . § 48.101(a). . . .

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

    . . . 48.071 (service on agents of nonresidents doing business in the state), 48.081 (service on corporation), 48.101 . . .

    INTERNATIONAL STEEL TRUSS COMPANY, a v. ARTEC GROUP, INC. a, 824 So. 2d 340 (Fla. Dist. Ct. App. 2002)

    . . . Under section 48.101, service of process on corporations dissolved on or after July 1, 1990, is to be . . .

    NTCA CORPORATION, v. ASSOCIATES COMMERCIAL CORPORATION,, 812 So. 2d 506 (Fla. Dist. Ct. App. 2002)

    . . . Prior to 1997, section 48.101, Florida Statutes (2000), which addresses service on a dissolved corporation . . . After the 1997 amendment, section 48.101 now provides that service on a corporation dissolved after July . . . inapplicable, however, as the date of service in that case (June 1992) preceded the 1997 amendment to section 48.101 . . .

    CANNELLA v. AUTO- OWNERS INSURANCE COMPANY,, 801 So. 2d 94 (Fla. 2001)

    . . . The district court held that, pursuant to section 48.101, Florida Statutes (1991), service of process . . . Auto-Owners responds that, at the time of the attempted service in this case, section 48.101 expressly . . . Following the 1997 amendment, section 48.101 now provides: Service on dissolved corporations.— Process . . . Process against any other dissolved corporation shall be served in accordance with s. 48.081. § 48.101 . . . On June 3, 1992, the date of service in this case, section 48.101 contained an express statement that . . .

    JESSON, INC. a v. SUTTON HILL ASSOCIATES, INC. a, 789 So. 2d 1064 (Fla. Dist. Ct. App. 2001)

    . . . by virtue of service of process in that representative capacity upon Florescue, pursuant to section 48.101 . . . Here, Florescue was personally served under section 48.101, Florida Statutes (1991), as a last trustee . . . Florida Statute 48.101 provides that service on one of the directors binds all of the directors of the . . . Section 48.101, Florida Statutes (1991), entitled “Service on dissolved corporations,” states: Process . . . Stat. s. 48.101. Id. at 152. . . .

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

    . . . 48.071 (service on agents of nonresidents doing business in the state), 48.081 (service on corporation), 48.101 . . .

    AUTO- OWNERS INSURANCE COMPANY, v. CANNELLA, 737 So. 2d 1129 (Fla. Dist. Ct. App. 1999)

    . . . Interpreting the same statutory provision applicable to the present case, section 48.101, Florida Statutes . . .

    WONG, v. GONZALEZ KENNEDY, INC., 719 So. 2d 937 (Fla. Dist. Ct. App. 1998)

    . . . claimed only that service on the registered agent was invalid because not in compliance with section 48.101 . . . In 1994, section 48.101 still provided for service of process on the directors of a dissolved corporation . . . See § 48.101, Fla. Stat. (1993). . . . In 1997, the legislature amended section 48.101, which now provides as follows: Process against the directors . . . Process against any other dissolved corporation shall be served in accordance with s. 4,8.081. § 48.101 . . .

    GATE LANDS COMPANY, v. OLD PONTE VEDRA BEACH CONDOMINIUM,, 715 So. 2d 1132 (Fla. Dist. Ct. App. 1998)

    . . . . § 48.101, is now a trustee of the dissolved corporation. . . .

    R. LISZKA, Jr. v. SILVERADO STEAK SEAFOOD CO. INC., 703 So. 2d 1226 (Fla. Dist. Ct. App. 1998)

    . . . Liszka contends the trial court was incorrect in construing section 48.101 as the sole and exclusive . . . the court found that Liszka had failed to comply with the service of process requirements of section 48.101 . . . Section 48.101, Florida Statutes (1993) provides: 48.1Ó1 Service on dissolved corporations. — Process . . . Section 48.101 did that. . . . Castagliola, 629 So.2d 196 (Fla. 2d DCA 1993) (holding that because section 48.101 is the specific statute . . .

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

    . . . 48.071 (service on agents of nonresidents doing business in the state), 48.081 (service on corporation), 48.101 . . .

    COHEN, v. DRUCKER, a, 677 So. 2d 953 (Fla. Dist. Ct. App. 1996)

    . . . (DCF) was so lacking in compliance with the requirements of sections 48.101 and 48.194, Florida Statutes . . . (DCF), was so lacking in compliance with the requirements of sections 48.101 and 48.194 as to render . . . that he was a director of the corporation or that he was authorized to receive process under section 48.101 . . .

    POLK COUNTY RAND INVESTMENTS, INC. a v. STATE DEPARTMENT OF LEGAL AFFAIRS,, 666 So. 2d 279 (Fla. Dist. Ct. App. 1996)

    . . . corporation, and therefore, personal service of process had to be accomplished pursuant to section 48.101 . . . Because the appellant was not served pursuant to the requirements of section 48.101, but instead process . . . However, since section 48.101 is specific and provides the only method by which process can be personally . . .

    STOEFFLER, v. CASTAGLIOLA a f k a P. A. f k a P. A., 629 So. 2d 196 (Fla. Dist. Ct. App. 1993)

    . . . As to Stoeffler’s attempted service of process on Riden I, section 48.101, Florida Statutes (1991) specifically . . . does not address specifically how process should be made on a dissolved corporation; whereas, section 48.101 . . . Because section 48.101 is the specific statute governing process, it controls the method to be utilized . . . Section 48.101 provides: Service on dissolved corporations.— Process against the directors of any corporation . . .

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

    . . . service on agents of nonresidents doing business in the state), §-48.081 (service on corporation), §-48.101 . . .

    DKJ, INC. a d b a v. SWIERSKI,, 560 So. 2d 1388 (Fla. Dist. Ct. App. 1990)

    . . . Pursuant to section 48.101, Florida Statutes (1987), “Process against the directors of any corporation . . . As service was effected in accordance with section 48.101, the order denying DKJ’s motion is affirmed . . .

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

    . . . service on agents of nonresidents doing business in the state), § 48.081 (service on corporation), § 48.101 . . .

    EAST AUTO SUPPLY COMPANY, INC. v. ANCHOR MORTGAGE SERVICES, INC., 502 So. 2d 976 (Fla. Dist. Ct. App. 1987)

    . . . Section 48.101, Florida Statutes, provides: Process against the directors of any corporation which is . . .

    GOETHEL v. FIRST PROPERTIES INTERNATIONAL, LTD. a s No. a s No. a s No. a s No. a a a, 363 So. 2d 1117 (Fla. Dist. Ct. App. 1978)

    . . . This service, pursuant to Section 48.101, Florida Statutes (1977), was made on January 28, 1977, and . . .

    AMERICAN NATIONAL BANK OF JACKSONVILLE, a v. JENNINGS DEVELOPMENT, INC. a, 432 F. Supp. 151 (M.D. Fla. 1977)

    . . . . § 48.101. . . .