Florida Statute 48.101 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 48
PROCESS AND SERVICE OF PROCESS

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F.S. 48.101

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.

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.

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:

Cases Citing Statute 48.101

Total Results: 20

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: in the state), 48.081 (service on corporation), 48.101 (service on dissolved corporations), 48.111 (service

Mills Corp. v. Amato

Court: District Court of Appeal of Florida | Date Filed: 2011-11-02

Citation: 72 So. 3d 814, 2011 Fla. App. LEXIS 17378, 2011 WL 5170016

Snippet: dictated by section 48.081, Fla. Stat. (2007). Section 48.101, Florida Statutes (2007), titled “Service on dissolved

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: in the state), 48.081 (service on corporation), 48.101 (service on dissolved corporations), *956 48.111

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: in the state), 48.081 (service on corporation), 48.101 (service on dissolved corporations), 48.111 (service

INTERN. STEEL TRUSS CO. v. Artec Group, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2002-08-30

Citation: 824 So. 2d 340, 2002 WL 2005975

Snippet: voluntarily dissolved as a corporation. Under section 48.101, service of process on corporations dissolved on

Ntca Corp. v. Associates Commercial Corp.

Court: District Court of Appeal of Florida | Date Filed: 2002-03-20

Citation: 812 So. 2d 506, 2002 Fla. App. LEXIS 3558, 2002 WL 428868

Snippet: NTCA was properly served. Prior to 1997, section 48.101, Florida Statutes (2000), which addresses service

Cannella v. Auto-Owners Ins. Co.

Court: Supreme Court of Florida | Date Filed: 2001-11-15

Citation: 801 So. 2d 94, 26 Fla. L. Weekly Supp. 754, 2001 Fla. LEXIS 2273, 2001 WL 1422463

Snippet: The district court held that, pursuant to section 48.101, Florida Statutes (1991), service of process on

Jesson, Inc. v. Sutton Hill Associates, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2001-06-13

Citation: 789 So. 2d 1064, 2001 Fla. App. LEXIS 8044, 2001 WL 649659

Snippet: representative capacity upon Florescue, pursuant to section 48.101, Florida Statutes (1991). Jesson, Florescue and

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: in the state), 48.081 (service on corporation), 48.101 (service on dissolved corporations), 48.111 (service

Auto-Owners Ins. Co. v. Cannella

Court: District Court of Appeal of Florida | Date Filed: 1999-06-04

Citation: 737 So. 2d 1129, 1999 Fla. App. LEXIS 9599, 1999 WL 538101

Snippet: provision applicable to the present case, section 48.101, Florida Statutes (1991), this court has held that

Wong v. Gonzalez & Kennedy, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1998-09-16

Citation: 719 So. 2d 937, 1998 Fla. App. LEXIS 11639, 1998 WL 634941

Snippet: invalid because not in compliance with section 48.101, Florida Statutes (1993), and that the judgment

Gate Lands Co. v. OLD PONTE VEDRA CONDO.

Court: District Court of Appeal of Florida | Date Filed: 1998-08-21

Citation: 715 So. 2d 1132, 1998 WL 518558

Snippet: principal officer and director, and by reason of F.S. § 48.101, is now a trustee of the dissolved corporation

Liszka v. SILVERADO STEAK & SEAFOOD CO., INC.

Court: District Court of Appeal of Florida | Date Filed: 1998-01-02

Citation: 703 So. 2d 1226, 1998 Fla. App. LEXIS 19, 1998 WL 2512

Snippet: trial court was incorrect in construing section 48.101 as the sole and exclusive method of effecting service

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: in the state), 48.081 (service on corporation), 48.101 (service on dissolved corporations), 48.111 *132

Cohen v. Drucker

Court: District Court of Appeal of Florida | Date Filed: 1996-07-31

Citation: 677 So. 2d 953, 1996 WL 426080

Snippet: in compliance with the requirements of sections 48.101 and 48.194, Florida Statutes (1991), as to render

Polk Cty. Rand v. State Dept. Legal

Court: District Court of Appeal of Florida | Date Filed: 1996-01-19

Citation: 666 So. 2d 279, 1996 WL 16585

Snippet: process had to be accomplished pursuant to section 48.101, Florida Statutes (1991). This section requires

Stoeffler v. Castagliola

Court: District Court of Appeal of Florida | Date Filed: 1993-11-10

Citation: 629 So. 2d 196, 1993 WL 461997

Snippet: attempted service of process on Riden I, section 48.101, Florida Statutes (1991)[2] specifically directs

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: the state), § 48.081 (service on corporation), § 48.101 (service on dissolved corporations), § 48.111 (service

DKJ, Inc. v. Swierski

Court: District Court of Appeal of Florida | Date Filed: 1990-05-15

Citation: 560 So. 2d 1388, 1990 Fla. App. LEXIS 3349, 1990 WL 62841

Snippet: § 21, Fla. Const. (1968). Pursuant to section 48.101, Florida Statutes (1987), “Process against the

In Re Amendments to Rules of Civ. Proc.

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

Citation: 536 So. 2d 974

Snippet: the state), § 48.081 (service on corporation), § 48.101 (service on dissolved corporations), § 48.111 (service